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THE REGISTER 



OF THE 



PRIVY COUNCIL OF SCOTLAND. 



VOL. IIL 



To be purchased, either directly or through any bookseller, from 

OLIVER k BOYD, Edinburgh ; or 

EYRE & SPOTTISWOODE, East Harding Strrbt, Flbbt Strekt, London ; or 

E. POXSONBY, 116 Orafton Strrkt, Dublin. 



THE REGISTER 



OF THE 



PRIVY COUNCIL OF SCOTLAOT). 



EDITED AND ABBIDOED BT 

P. HUME BROWN, M.A., LL.D., 

HOaORABT raiXOW OT THK ROTAI. mSTOBICAL aOCmY. 



SECOND SERIES, 
VOL. m. 



A.D. 1629-1630. 



PUBLISnXD BT THB AUTHORTTT OF THK LORDS OOHUSSIOirKBS OV 

HIS UAJtgrt'a TRKASUBT, UNDKR THB DIBXCnON OF 

THE DBFDTT CLEBX BBOISTKB OT SOOTLAMD. 



H. M. GE*NERAL REGISTER HOUSE, 
EDINBURGH. 
1901. „ 



THE NEW YORK 

PUBLIC LIBRARY 

228^24 

ASTOR, LENOX AND 
TILOEN FOUNOATIOWS. 
R 1902 L 



Printed for his MAJE&rrr's btationert office 

BT JAMES HEDDERWIOK & SONS, GLASGOW. 



INTRODUCTION. 



The period covered by the present volume of the Privy Council ^^^^^"^ 
Begister (January 8, 1629 to July 27, 1630) is distinguished by period, 
no outstanding events in the history of either Church or State 
in Scotland. The two contemporary annalists of the time, John 
Kow and Sir James Balfour, devote respectively four and three 
pages to these eighteen months, and modem historians pass them 
over with equally scant notice. In the various functions and 
activities of the Privy Council we have the sufficient explanation 
of the uneventful character of the period. Not even during the 
last days of James VI. did the Council more completely dominate 
the life of the nation than in the opening years of the reign of his 
son. In civil as in ecclesiastical affairs there yisM UQ.jiptiiktive,. 
except what proceeded from its deliberations, and these ^eliber-* 
ations were alike inspired and directed by the mand{jite,QC.C|iAi;lep 
himself. No Parliament met during the period and no Geaeral 
Assembly, and bishops, judges, Privy Councillors, and high 
officers of State all retained their positions on the terms of 
unconditional submission to the royal authority. 

^ The members of Council who took part in its business during TbeOoundl. 

^ the period under notice were as follow^: — 

Gfeorge Hay, Viscount of Duplin and Lord Kinfauns, Lard High ChanceUor (57). 

John, seventh Earl of Mar, Lord High Treamrer (100). 

William Graham, seventh Earl of Menteith, President of the Council (56). 

Thomas Hamilton, Earl of Haddington, Ke^ffer of the Privy Seal (82). 

Sir William Alexander of Menstrio, Chief Secretary (2). 

1 The numerals attached to each name indicate approximately the number of days on 
which each member attended the Council. During the period under notice the Council sat 
on one hundred and twenty-seven days, usually meeting twice each day. 



vi INTEODUCTION. 

Sir Archibald Acheson of Glencaimy, Joint'Seeretary (32). 

Sir John Hamilton of Magdalenes, Lard Clerk of Register (104). 

Sir Thomas Hope, Lord Advocate (117). 

Sir George Elphinstone of Blythswood, Lord Justice Clerk (67). 

Archibald, Lord Napier of Merohiston, Treaswrer Depute (35). 

Sir John Scot of Scotstarvet, Director of Chancery (103). 

John Spottiswoode, Archbishop of St. Andrews (21). 

Alexander Livingstone, second Earl of Linlithgow (80). 

George Seton, third Earl of Winton (76). 

Bobert Ker, first Earl of Roxburgh (10). 

John Drummond, second Earl of Perth (12). 

John Fleming, second Earl of Wigtown (11). 

William Doughis, seventh Earl of Morton, High Treasui^ from July, 1630 (7). 

James Stewart, third Earl of Moray (25). 

John MaitUnd, first Earl of Lauderdale (21). 

William Keith, fourth Earl Marischal (21). 

Walter Soot, first Earl of Buccleuch (9). 

Colin, first Earl of Seaf orth (48). 

Alexander, first Earl of Galloway (19). 

John Murray, first Earl of Annandale (1). 

Alexander Lindsay, Bishop of Dunkeld (27). 

Adam Bellenden, Bishop of Dunblane (98). 

Patrick, Bishop of Boss (3). 

Patrick Forbes, Bishop of Abei-deeu (3). 

Archibald, Lord of Lome (32). 

David, Lord Carnegie (50). 

John, Lord Stewart of Traquair (26). 

Alexander, Master of Elphinstone, Lord Kildrummie (20). 

John, Lord Erskine (87). 

Sir James Baillie of Lochend (54). 

•! : f\ \.Wihiia*(Jw!i«in, Viscount Ayr (55). 

• • ••• *IU>\XxVi secoifd^Lord Melville (70). 

•'••: $<gSe,:I>>rd Gordon (16). 
• •*• ••••• • 

\/:IDfalCQSg:$iitty-eight persons, who at one time or other put in 
*aii*appeafaM6fe* at the meetings of the Council, it was but a small 
number who actually did its work. Only some nine members 
attended half the number of days on which it met, and of these 
nine, five were officials — the Lord High Treasurer, the Privy Seal 
the Clerk Register, the Lord Advocate, and the Director of 
Chancery. The nature of their duties explains the rare attend- 
ance of the other officials. Sir William Alexander, the Chief 
Secretary, had his permanent residence in London, while Menteith, 
the President, Elphinstone, the Justice-Clerk, and Napier, 
the Treasurer-Depute, had to make frequent visits there to main- 
tain the connection between the English and Scottish sections of 
the Council* Of the non-official members, the Bishop of 



INTRODUCTION. vii 

Dunblane, the Earls of Wigtown and Linlithgow, and Lord 
Erskine were most assiduous in their attendance. Archbishop 
Spottiswoode appeared only about twenty times at the Council 
Board, but his frequent journeys to Court are suflScient evidence 
that his influence was none the less powerful. 

In spite of Charles's permission for the Council to meet in the Changes in 
Burgh of Edinburgh, the Councillors did not avail themselves of 
the privilege : both during the winter and summer months they 
continued to meet at Holyrood, a place, as they had been told, 
more becoming their "state and dignity" (Vol. EL Second Series, 
113). Only once (December 29, 1629) did the attendance fall short 
of the seven that had been fixed as a quorum, and the average 
attendance was not under sixteen. The most important change 
in the composition of the Council was the resignation of the 
Treasurership (April, 1630) by the Earl of Mar, who had held 
the office since 1616. His successor was WUliam Douglas, 
seventh Earl of Morton, who had commended himself to Charles 
by heading a body of Scots in Buckingham's expedition for the 
relief of La Eochelle. The admission of Sir James Baillie of 
Lochend (February 5, 1629), of Sir Andrew Ker, under his new title 
of Lord Jedburgh (February 17, 1629), and of Patrick Murray, 
third Earl of Tullibardine, in place of his father (July 27, 1630), 
are the only further changes to be noted in the personnel of the 
Council. 

In the summary of the preceding volume of the Register it Contents of 
V , . ® . , . , n . the present 

was found necessary to assign a special section to the foreign volume. 

relations of the country. During the period dealt with in that 

volume Charles was engaged in wars with France and Spain, 

and had become bound to supply contingents to Count Mansfeld, 

Charles IV. of Denmark, and Gustavus Adolphus of Sweden. 

As part of the United Kingdom Scotland had to contribute 

its own share in these undertakings, and much of the business 

of the CouncU had consisted in raising levies, and in placing the 

country in a state of defence against invasion. By the date 

when the present volume opens, however, peace had been made 



viii INTRODUCTION. 

with France and Spain, and Charles was no longer so urgent in 
his demands for Scottish soldiers now that he had no war on 
his own hands. The raising of levies, indeed, stUl proceeded. 
In March, 1629, Sir George Hay received a warrant to raise a 
regiment for service in the Low Countries, and at different 
times three contingents were levied in aid of Gustavus Adolphus 
(pp. 99, 136, 208, 313). There was apparently the same 
difficulty as ever in persuading men to enlist in a service in 
which they were assured neither of clothing nor pay. Thus, Sir 
James Sinclair of Murkill, who had been commissioned to raise 
a regunent for the King of Denmark, found the task beyond his 
ability (p. 147), and elsewhere we read that numbers of the Earl 
of Morton's men deserted their regiment on their return from La 
Eochelle, to avoid being again drafted abroad (p. 120). With 
the exception of the business connected with these levies, foreign 
relations hardly came within the scope of the CouncU, and the 
contents of the present volume may be conveniently classified 
under the two heads of Domestic Legislation and Domestic 
♦ Incidents. 

Domestic Legislation. 

The Act of Among the matters dealt with in the present volume, as in the 
evoca o . ^^^ ^^ ^j^^ ^^^ ^j^^ precede it, the pre-eminent place has to be 
assigned to the great Act of Bevocation with which Charles had 
opened his reign. Li the Introductions to the two preceding 
volumes of the Eegister an account has been given of the various 
stages of the working of the Act as far as it came within the 
scope of the Council. In 1627 had been appointed the Commis- 
sion for Surrenders of Superiorities and Teinds, which was to 
hold its sittings in Edinburgh, and to which the various parties 
interested were charged to give in their submissions and to report 
the value of their stock and teinds. It was speedUy discovered 
that this Commission was inadequate to the task imposed upon 
it. It was arranged, therefore, that every presbytery should be 
empowered to appoint sub-commissioners whose duty it should 
be to ascertain the value of the stock and teind within their 



INTRODUCTION. ix 

respective bounds, aud duly to report the same to the central 
Commission sitting in Edinburgh. As far as the general character 
and scope of the Act is concerned, the present volume of the 
JRegister contains nothing which is not to be found elsewhere. 
In the details of the working of the sub-commissions, however, 
we find an interesting contribution to the history of Charles's great 
measure. The two main causes assigned by historians for the 
revolt of 1638 which resulted in the National Covenant and the 
temporary overthrow of the royal authority are the ecclesiastical 
policy of Charles and the discontent produced by the Act of Eevo- 
cation. It is the existence of this discontent which receives 
emphatic illustration in the proceedings of the Council. As perhaps 
the most efiective method of showing the amount of opposition 
encountered in the working of the Act, the substance of the various 
entries relating to it are here presented in chronological order. 

1629 — January 29. — ^Those who have been appointed sub-commissioners 
charged to take the oath of office before their respective presbyteries 
on the next day of meeting of the said presbyteries (pp. 21-2). 

February 19. — Charge to certain presbyteries (fifteen are named), which 
have hitherto failed to appoint sub-commissioners, to ascertain the value 
of stock and teind within their bounds (pp. 53-4). 

February 24 — Still " some few presbyteries " that have not given in 
their reports (p. 62). 

February 26. — Charge to the Bishop of Orkney and others to ascertain 
the value of stock and teind in Orkney and Shetland, which they have not 
yet done (pp. 70-74). 

March 10. — Bishop of Argyll and others denounced for failing to appear 
before the Council, as commanded, to give account of their neglect to 
nominate sub-commissioners (pp. 87-8). 

March 24. — General charge to the conveners of sub-commissioners, 
many of whom are still negligent of their duties (pp. 105-6). 

March 26. — ^Mr. Simon Durie, moderator of the Presbytery of Arbroath, 
put to the horn for non-appearance before the Council. He had been 
summoned for his failure to appoint sub-commissioners (pp. 115-6). 

June 2. — Persons who have refused to act as procurators-fiscal and 
clerks to the sub-commissioners are threatened with the charge of rebellion 
if they do not accept these oflBices (p. 151). 

June 2. — ^Thomas Norrie, messenger in Stirling, charged with neglect 
of his duty in connection with the sub-commission for the presbyteries of 
Stirling and Dunblane (pp. 152-3). 

June 9. — "A number of persons throughout the several presbyteries " of 
the kingdom still refuse to accept the office of sub-commissioner (p. 162). 

June 9. — All the presbyteries of the kingdom except that of Banff have 
appointed sub-commissioners (p. 165). 

June 25. — ^The Archbishop of Glasgow has not yet signed the principal 
Submission. A copy of it is to be sent to him for signature (p. 192). 



X INTRODUCTION. 

The next entry relating to the Act of Eevocation is under 
date September 18, 1629, and contains the proclamation of the 
four Determinations or Decreits-arbitral in which Charles, with 
the advice of some of the nobility and Privy Council and of 
certain experts, announces the composition he is prepared to 
make for the surrender of the superiorities and teinds. The 
purport of these Decreits is to be found in the various histories 
of the period as well as in the special treatises on the subject of 
teinds, and therefore does not call for special notice here. As 
has already been remarked, it is only on the working of the Act 
that the Begister can be said to make any new contribution to 
the subject. The date of the Decreits is September 2, 1629, and 
the original Commission of Surrenders and Teinds had sat from 
March 1 to August 1, 1627, so that already more than two years 
had elapsed since the great business had been taken in hand. 
The foregoing quotations have shown the obstacles that had to 
be overcome in carrying the Act into operation, and from those 
that follow it will be seen that the publication of the Decreits 
did not greatly accelerate the process. 

November 3, 1629. — Meeting of the principal Commission for Surrenders 
to be postponed till January 8, 1630, on which date and on Februaiy 
10 the sub-commissioners are to present their reports (p. 336). 

November 10. — Proclamation specifying the times and places of meeting 
between the sub-commissioners and the great Commission. The dates 
are January 8 and February 10, 1630 (p. 341). 

January 8, 1630. — ^Letters to be addressed to the Provost of Dundee 
and others charging them to appear before the great Commission on January 
13 (p. 401). 

January 19. — Certain persons in Glasgow have not yet accepted the 
office of sub-commissioner (pp. 416-7). 

February 11. — All sub-commissioners to give in their reports within 
twenty days after this date (p. 455). 

Febniary 18. — James Ross, notary in Irvine, put to the horn for refusing 
to undertake the office of procurator-fiscal to the sub-commissioners 
of the Presbytery of Irvine. 

March 6. — Letter to the Provost of Dundee desiring him to be present 
at the meeting of the great Commission on March 10 (p. 478). 

March 6. — The meeting of the chief Commissioners has been frequently 
postponed for various reasons, and the 10th of March is now fixed for their 
meeting. 

June 17. — Letter to the chief Commissioners for Surrenders beginning 
as follows : — " There hes been ane great delay and hinder in the progresse 
of the Commissioun anent the Teinds by reasoun of the frequent 



INTRODUCTION. xi 

absence of some of the Commissioners, quhilk hes caused a nomber 
of the dyets of the Commissioun to desert, highlie to his Majesteis 
offence and disappointing of this good worke, quhilk his Majestie out of 
his princelie regarde of the weale of his subjects hes so eamestlie affected 
. . . we have thairfoir appointed ane solemne meeting of the Com- 
missiouners to be heere at Halyrudhous upoun the last of this instant," 
etc. (p. 570). 

July 15. — ^The Bishop of the Isles and such of the Islesmen as are then 
in Edinburgh to be urged to subscribe the general Submission and to take 
some course for ascertaining the value of the teinds of the Isles (p. 610). 

The purport of these extracts cannot well be mistaken. They 
prove that in certain quarters, at least, Charles's offers were 
received either with actual opposition or complete indifference. 
What is specially noteworthy is that difficulties seemed to arise 
at every point in the working of the Act. Sub-commissioners 
and chief Commissioners alike took up their offices with a 
grudge and sought every opportunity of shirking the duties that 
pertained to them. As far as the various parties interested are 
concerned, the majority had apparently accepted Charles's 
arrangement by the date of the Decreits-arbitral. That there 
was a considerable minority who still held out, however, is 
proved by the fact that as late as 1633 many still refrained 
from subscribing the general Submission (Connell, Treatise on 
Tithes, L, 140, sec. edit.). 

If the Revocation Act was the most important matter that Legislatiou 
occupied the Council, it was far from engaging the most of its^^*^ 
attention. This distinction easily belongs to that endless ques- 
tion that had exercised successive General Assemblies and 
Parliaments and Privy Councils since the Reformation — the 
continued existence of Roman Catholicism in the land in spite 
of all the efforts that had been made to extinguish it. Of the 
present volume fully one-fourth is devoted to dealings with 
Roman Catholics, individually and collectively. In these deal- 
ings there was nothing new: they consisted simply of reiterated 
proclamations of penal laws that at one time and another had 
been enacted since the overthrow of the ancient religion. What 
is special in the present volume^ however, is that at this time 
the Council seems to have deemed it necessary that a strenuous 



xii INTRODUCTION. 

eflfort should be made to stamp out the religion of Home once 
for aU. The motive for this unusual activity was not merely 
religious zeal : there was a genuine conviction that the numbers 
and influence and activity of Boman Catholics in the country 
were a serious menace to the stability of the kingdom — a fear 
which at this period was as keenly felt in England as in Scot- 
land (Gardiner, History of England, Vol. VI.). It is to be 
remembered that at this moment the prospects of Protestantism 
in Europe were sufl&ciently gloomy : the fall of La Bochelle 
had been a disastrous blow to Protestantism in France, and 
the conquering career of Wallenstein appeared to have crushed 
it for a time in Germany. In a communication of Charles, 
approving of the Council's measures for the suppression of 
Papists, the political action of the emissaries of Bome is 
thus described. They are "craftie and politick heads and 
traffiquers in maters of state," who "bend thair whole 
endeavoures by surmising and forging of lees and dispersing 
of brutes and rumours of forrane projects and resolutiouns 
among his Majesteis subjects of better sort to distract thame 
in opiniouns and afiectiouns and interteane factiouns and 
seditioun in the state to the trouble and disturbance of his 
Majesteis peace" (p. 32 1). Of the relative numbers of Protest- 
ants and Catholics in the country at this time we have no 
definite information, but from the Eegister as well as from other 
sources we know that Catholics were still numerous in Dumfries 
and in the northern counties, Aberdeen, Inverness, Moray, 
Sutherland, and Caithness, and that there was a sprinkling of 
them in various other parts of the kingdom. What made this 
Catholic minority the more disquieting was the fact that it 
was represented by such nobles as the powerful Marquis of 
Huntly, the Earls of Errol, Angus, Caithness, Winton, and 
Nithsdale — to name only those who are brought before us in 
the present volume. One other fact has to be mentioned in 
explanation of the extreme assiduity of the Council in its action 
against Catholics: this was "the preferment of Papists to 
Counsell, judicatoreis, commissiouns, and other determinatiouns 
and effaires of this kingdome, contrarie to the lawes, acts, and 



INTRODUCTION. xiii 

statuts of the same"; (p. 186). How this came to pass we shall 
presently see. 

The central fact of the volume with reference to the treatment 
of Papists is the great meeting of the Council held on July 23, 
1629, for the express purpose of dealing effectually with the 
whole question. Before we reach that date, however, there are 
various entries bearing on the subject which illustrate the means 
and methods adopted by the Council for the extirpation of the 
dreaded evil. The following are the most significant of these 
entries, given as before in chronological order. 

January 27, 1629. — Soman Catholic nobles charged to send their sons 
to the Universities of Glasgow, Edinburgh or St. Andrews (p. 26). 

January 29. — ^Missive addressed to his Majesty "towcheing the 
insolencyis of Papistis" (p. 24), 

February 3. — The Marquis of Huntly to be put to the horn for 
failing to produce certain Papists for whom he is responsible (pp. 28-30). 

Febuary 3. — Certain Papists in Aberdeen whose names are specified to 
surrender their lands and goods under pain of forfeiture (pp. 30-31). 

February 3. — Alexander Irving, burgess of* Aberdeen, and others to be 
denounced for writing and devising pasquils "conteanning treasounable 
warnings and predictiouns of the change of state and religioun within 
twa yeeres " (pp. 31-2). 

February 5. — Letter from Charles anent the Papists in the North 
(p. 85). 

February 26. — George, Earl of Caithness, denounced for disregarding 
the censures of the Church (p. 75). 

February 26. — ^Letter to be addressed to his Majesty complaining that 
the Marquis of Huntly, now a denounced rebel, has addressed himself to 
his Majesty without consulting with the Council (p. 76). 

February 28. — ^Letter of Council to his Majesty complaining that by 
the Marquis of Huntly's neglect to enforce the Council's order anent 
Papists, weir presumption ^* will become so intolerable as hardlie can the 
best afiected subjects be perswaded to beleeve that we can long injoy 
ather peace of conscience, protectioun by your lawes, or saulfetie in our 
estaits frome intestine troubles, the last and worst of all publict calamiteis 
(pp. 79-80). 

March 31. — Decree against Papists in the North and other parts of the 
kingdom who have eluded the arrest of their goods by conveying them to 
their friends. 

June 23. — Charge from his Majesty directing that the Lords of Privy 
Council and all persons holding offices of trust take the communion 
quarterly in Holjrrood Chapel. The reasons given for this charge are 
"the dangerous consequences following upon the preferment of Papists 
to Counsell, judicatoreis, commissiouns and other determinatiouns and 
effaires of this kingdom/' and that his Majesty conceives ''the dew 
participatioun of the halie communioun to be ane readie and easie way of 
discoverie of recusants who manie tymes taking the oath of allegeance 
doe usuallie retume to thair vomite again" (p. 186). 



xiv INTRODUCTION, 

lu a letter from Charles, dated June 12, came the order for a 
meeting to be held at Holyrood for the express object of taking 
measures to check "the great increase and insolencies of Papists" 
(p. 185). The meeting was to be attended not only by all the 
Privy Councillors, but also by the archbishops, bishops, and 
such commissioners from their respective dioceses as they 
might think most suitable for the business in hand. With 
them the clergy were to bring the names of all "profest Papists" 
within their several bounds. The various parties summoned 
duly met in Holyrood on July 23rd. There were present 
eighteen lay members of Council, twelve bishops, and a number 
of commissioners from the various presbyteries of the kingdom. 
The most important transaction of the meeting was the appoint- 
ment of commissioners for every part of the country, with 
power to seize "all and sindrie Jesuits, seminarie and messe 
preists, and excommunicat traffiquing rebellious papists," as 
well as all persons "going in pilgrimage to chappellis and 
wellis " (pp. 240-1). For the suppression of Boman Catholicism 
generally the old penal laws were confirmed: bishops and 
presbyteries were to apprehend all resetters of priests and to 
fine all who refused to communicate ; the property of excom- 
municated persons was to be confiscated ; no one who did not 
profess the true religion was to be capable of holding any 
public office whatever ; hearers and sayers of mass were to be 
fined and imprisoned; husbands were to be responsible for 
their wives resetting Papists ; and the names of excommuni- 
cated Papists were to be proclaimed at the Cross of Edinburgh, 
and affixed to the Tolbooth. Having accomplished its task, 
the Council sent the report of its proceedings to Charles 
together with a letter in which they made three requests. His 
Majesty, they said, was sure to be "muche importunned by 
the frequent sutes of incorrigible Papists," desiring a miti- 
gation of the Act which ordained the confiscation of their 
" goods and leving." They prayed his Majesty, therefore, that 
he would leave such persons wholly in their hands. The next 
request was that a commission might be granted to the Earl 
of Seaforth for the apprehension of the Earl of Caithness, 



INTRODUCTION. xv 

" ane excommunicat rebell," " that others by his exemple being 
terrified may thus be the more readilie reclamed" to his 
Majesty's obedience. Lastly, they craved that his Majesty 
would give order that the sons of Lord Gordon might be sent 
to the University of St. Andrews for their education, as, being 
now in the house of their grandfather, the Marquis of Huntly, 
they might "be corrupted in thair religioun by the travellis and 
insinuatioun of the Marqueis and others Fopishly inclined 
frequenting to that hous" (pp. 249-250). In his reply, signifying 
his approval of the measures taken against Papists, Charles 
makes no reference to these requests of the Council (p. 331). 

By far the most formidable of Scottish Boman Catholics was Prominent 
the great Marquis of Huntly, and, as the proceedings of t^^OaS^cs- 
Council with him show, it was found no easy matter to make-» 
him a docile instrument against those of his own religion. On Marquis of 
December 2, 1628, he had been charged on pain of outlawry to ^ ^' 
apprehend certain Papists on his lands and within his household 
(Vol. n.. Second Series, p. 497). He paid no heed to this order, 
and, knowing what he had to expect from the Council, without 
its cognisance proceeded to Court and sought and obtained an 
interview with Charles. On hearing of this action the Council 
indignantly wrote both to Charles and the Scottish Councillors 
in London, representing that his conduct implied at once con- 
tempt of his Majesty and "vilipending" of his Majesty's 
Council (pp. 78-79). This was on February 28, 1629 ; and the 
next thing (September 8) we hear of the Council's dealing with 
the Marquis is that it has taken him bound to remain south of 
the "North Water" till its next meeting on November 3rd 
(p. 291). Meanwhile, Huntly 's communication with Charles 
had resulted in an important transaction: he and his son, 
George, Lord Gordon, had agreed to demit their hereditary 
sherifiships of Livemess and Aberdeen in return for the sum of 
£5000 sterling. Being now relieved of his legal jurisdiction, 
Huntly appears to have thought that he would henceforth be 
freed from the disagreeable necessity of persecuting those of his 
own faith. If such was his hope in resigning his sheriffship, he 



xvi INTEODUCTION. 

speedily found that he had been mistaken. On November 3rd 
he duly appeared before the Council as he had been commanded, 
and petitioned " that he might have licence to repaire to his awin 
houses in the north and to remaine there some certane space for 
settling of his effaires " (p. 333). At the same sederunt there 
was read a letter from Charles in which he informed the 
Council of the demission of the sheriffships, representing that as 
Huntly was no longer Sheriff* he could not be held responsible 
for arresting Papists in that capacity, and desiring that he 
might be released from the horn if he showed himself becom- 
ingly submissive (p. 332). The Council did not relax him from 
the horn, but permitted him to go north on condition that he 
should again appear before them on the 8th of December. 
When he presented himself on that day, he was told that 
though he was no longer a sheriff he was still a landlord, and as 
such must give an account of all Papists to be found on his own 
domains (p. 363). Two days later he was further informed that 
if he showed fitting zeal in this business his petition for relaxa- 
tion would be considered on the 7th of January following 
(p. 372). Under the date January 14, 1630, we read that 
Huntly has at length been released from the horn, but that he 
is still held responsible for the production of certain excom- 
municated Papists "upon his own ground" (p. 415). Finally, 
on February 11th he received a licence to proceed to his house 
in the north, though under the double condition that he must 
do his duty as a landlord against all Papists and not fail to 

return south on the 1st of July following (pp. 453-4). 

George, George, Lord Gordon, Huntly's eldest son, does not appear to 
Gordon ^^^® ^*^ ^^® ssme objections as his father to enforcing the laws 
against his Catholic fellow-subjects. On January 12, 1630, the 
Council endorsed a warrant from Charles appointing him a 
Commissioner for the suppression of I^apacy in the North — the 
warrant conveying the right to all the escheats and life-rents of 
excommunicated Papists, after the necessary abatement in the 
interest of the Crown (p. 404). Nor did Gordon shrink from 
the duties of his office. When certain Eoman Catholics sought 
to save their estates by offering to quit the country he besought 



INTRODUCTION. xvu 

the Council to pass an Act that would prevent his being 
defrauded of the dues of his commission. Moreover, on the Ist 
of June he gave the Council satisfactory proofs of his zeal and 
diligence by presenting a list of Papists with whom he had 
taken such order as he had deemed fitting and necessary (p. 
547). 

The experience of the Council with another Catholic noble, WiUiam 

William Douglas, Earl of Angus, will further illustrate the diffi- Barf^f * 

culty of the task of suppressing a religion by methods of law. As Angus. 

one of the means of rooting out Papists it had long ago been 

enacted that children of Catholic nobles should be taken from 

their charge and placed where they would be brought up in sound 

Protestant principles. In accordance with this law, Angus, on 

February 12, 1629, was commanded to appear before the Council 

on the 26th of that month, and to bring with him his eldest son 

and two daughters, on pain of rebellion (p. 45). Angus appeared 

on the appointed day, but alone. His son, he told the Council, 

was "bedfast with a sore leg," and his daughters were in 

Tantallon, whereupon he was charged to choose a pedagogue for 

his son by the 10th of March, and on that day to produce his 

two daughters (p. 69). On the 10th of March the Earl duly 

presented himself with the three members of his family. On 

examination by their lordships the daughters gave such 

satisfactory proofe of the correctness of their opinions that they 

were allowed to remain under the charge of their father. In the 

case of the son, however, it was ordained that he should make 

his residence in Edinburgh — the father to make choice of his 

place of abode, and the Council to nominate his religious 

instructor. The Earl chose Mr. William Douglas, macer, as his 

son's landlord, and Mr. Archibald Watson as his pedagogue, while 

the Council appointed the Rev. Andrew Ramsay at once to test 

the pedagogue and to look to the spiritual welfare of the pupil. 

The next thing we hear of the youth is that he and the son of 

Patrick, Lord Gray, " have caried thameselffes verie scandalouslie" 

at the College of Edinburgh ; " refuise to goe to church and heare 

sermoun, spends the Sunday in suspect places and companeis, 
VOL. ni. b 



xviii INTRODUCTION. 

corrupts others youths within the colledge, and gives verie great 
mater of offence to the regents and maisters of the colledge " 
(p. 156). When the Earl was summoned and questioned 
regarding the frolics of his heir, he " excused himselffe " on the 
ground that the matter was " besides his knowledge." To give 
the youth every advantage, however, the Council ordered that he 
should be placed for fifteen days under the roof of the Principal 
of the college, Mr. John Adamson, who might thus have " the 
more frequent occasioun to conferre" with him (p. 166). Before 
the fifteen days had expired the Principal had to inform the 
Council that the young Douglas had disappeared, and that " he 
had some suspicions that his pedagogue was accessorie " to his 
flight. Indicted to appear with his son on July 9th, Angus, 
instead of obeying the summons, sent in a petition for eight 
days' grace. When he presented hiuLself on the 16th, the Council 
discovered how completely it had been fooled. Of his son's flight 
the Earl declared that he knew nothing, but that in the mean- 
time he had sent him to England to be educated and 
" disposed of as his Majestic sould direct" (p. 220). In these 
circumstances there was but one step left to the Council — some- 
what weary, we may suppose, of such an incorrigible father and 
son. They wrote to his Majesty, telling him the whole story of 
their ineffectual efforts for the religious well-being of the future 
Earl, and committing " the young gentleman " to his Majesty's 

•* accustomed pious care." Other prominent Papists on whom 

the Council laid its hand it may be sufficient to name : they 
were the Earls of Caithness, Errol, Winton, and Nithsdale, Hew, 
Lord Sempill, Patrick, Lord Gray, James Maxwell of Kirkconnell, 
and Dr. William Leslie; the Countesses of Nithsdale and Aberconi, 
the Ladies Herries and Kirkconnell. 

The Admin- From the last volume of the Register we learned that on the 

Miration of g^Q^^^gjj Border there had been a recrudescence of crimes that 

appeared to have been eflFectually suppressed during the last yeai-s 

Borders. of Jamcs VL The instrument by which James had accomplished 

this result was a Joint-Commission of English and Scots who met 

at stated intervals and w^orkcd into each other's hands. At 



INTEODUCTION. xix 

James's death this Commission had fallen into abeyance, and as 
the most effectual means of checking the renewed disorders, the 
Council had suggested to Charles that this Commission should at 
once be revived. In a letter dated 3rd March, 1628, Charles had 
granted the necessary warrant, and from the urgency of the 
Council in the matter we should have expected that it would 
have taken immediate steps to put the warrant in execution. 
Yet from the present volume we gather that, though the disorder 
still continued, the Commission is not yet in existence. On 
January 27, 1629, a summons was issued to the Earls of Angus 
and Buccleuch, the Lords Tester and Traquair, and Sir William 
Seton to appear before the Council to give their advice " anent 
the satling of the disordouris of the Middle shyris and discoverie 
of the stouthis conmiittit thair" (p. 21), and on March 19 the 
Commissioners were ordered to meet on the following day to 
consider certain changes in their commission which the Council 
had recommended (p. 102). The result of this consultation was 
a letter of the Council to Charles, which shows that things were no 
further forward than they had been a year before. Owing to "a 
new invented slight and evasioun," they wrote, all the efforts of 
the Scottish Commissioners to suppress theft and maintain law 
and order had been rendered nugatory : thieves and resetters of 
thieves by simply passing into England found themselves perfectly 
secure from the consequences of their crimes ; and they craved 
that Charles would see to it that such absconding delinquents 
should be summarily sent home to abide their just punishment 
(p. 112). Two more entries conclude all that refers to the 
subject — a letter from Charles desiring the appointment of Sir 
Richard Graham as one of the Scottish Commissioners (p. 147), 
and another from the Council to Charles recommending the 
revival of the Joint-Commission as the only means of checking 
the evils in question (p. 265). 

The work of reviving Justice- Ayres, which had begun injustice- 
1628, still proceeded. In August ofthat year a number of judges '^y'^* 
had been appointed for these Courts, and the places specified 
where they were to sit, as well as the crimes that were to come 



XX INTRODUCTION. ' 






within their jurisdiction (Vol. IL, second series, pp. 434 et seq.). 
On July 21st, 1629, there was a further nomination of judges for 
parts of the country for which provision had not yet been made 
(pp. 225-7.). Again, also, we have a list of the offences with 
which the Courts were to deal, similar to that already given in 
the preceding volume (pp. 257-9). Of crimes committed 
before the 31st of August, 1629, the new Courts were forbidden 
to take cognisance, and they were likewise forbidden to interfere 
with cases connected with the export of linen (pp. 314-6). From 
an entry of date November 24, 1629, we learn that the new 
tribunals were not giving general satisfaction. For " restrayning 
the unquyet and clamorous complaints of particular parteis 
aganis the Commissioners of the circuit courts" the Council 
issued an order that all such complaints must be addressed 
directly to itself, and accompanied the order with the threat that 
if the complainer proved to be "a calumniator," he would be 
naade to suffer both in his person and his goods (p. 358). 

Justice- In the case of the West Highlands and Islands a difficulty had 

tiieWettern^^^^ with regard to the Justice Courts. On the one hand, Lord 
Highlands Lome, as hereditary Justiciary of the Isles, claimed the right of 
holding courts wherever he pleased, while the Islanders main- 
tained that by an Act of James IV. in 1504 Dingwall or 
Inverness had been fixed as the seat of justice for the North, and 
Tarbert or Lochkinkerran, for the South Isles. In the last volume 
of the Register we found that the dispute had been referred to 
the Council, which had arranged to hear both parties at its first 
meeting in June, 1629. As we gather fi'om a letter of Council 
to Charles (June 12), the dispute came duly up for consideration 
at the time appointed. The representatives of the North 
Islanders, taking their stand on the Act of James IV., craved that 
Inverness might be the sole place where justice should be ad- 
ministered for the North Isles, and after " long contestatioun " 
Lord Lome acquiesced in this demand, but only on a condition 
which the Islanders refused to accept. This condition was that he 
should have powers "to keepe courts indefinitelie aganis particular 
delinquents." To this the Islanders objected that the remoteness 



INTRODUCTION. xxi 

of such courts would deprive them of the means of satisfiactory 
defence, as, among other inconveniences, it would be impossible 
to secure the service of counsel. In these circumstances, the Coun- 
cil referred the dispute to his Majesty's "mostjudicious and royal 
consideratioun," and suggested, at the same time, that pending 
the settlement of the question a warrant might be given to Lome 
to hold his court at Inverness — a suggestion to which Charles gave 

eflfect (pp. 171, 272). In this connection may be noted certain 

other entries relating to the Western Islands, though in the case 
of these it is the bishop and not Lome who is in question. 
Under date June 16, 1629, we have no fewer than six recom- 
mendations of the Council for the improvement of the. diocese of 
the Isles. The planting of schools, the building of churches, the 
tightening of ecclesiastical discipline — such are the matters which 
the Council presses on the attention of the bishop (pp. 172-3). 
A later entry (August 1st, 1629) records the fact that in spite of 
all the past eflForts of the bishop the state of his charge was still 
far from being satisfactory. The entry contains a warrant from 
his Majesty appointing the bishop Lord Justice and Conmiis- 
sioncr for the space of a year, " as weile within the Isles as the 
Continent," and the reasons given for the exti'aordinary com- 
mission are sufficiently cogent (p. 266). 

In the last volume of the Register we found the Council much Trade 
exercised as to the expediency of allowing the lieges to export ^^^'®*^**^^' 
live stock and wool. During the years 1629 and 1630 a similar ^^^P^'^ 
problem was forced on their attention. In both of these years 
the harvest was bad, and the Council had to consider to . what 
extent, if at all, the various kinds of grain should be allowed to 
be exported. They determined the question in accordance 
with the opinion of a Commission of the smaller barons and 
burghs in April, 1626 : when the prices of wheat, beir, meal, and 
oats rose to a certain figure, the export of these commodities was 
thereupon to cease (p. 11). For their guidance in coming to a 
conclusion, therefore, the Lords directed all sheriffs and justices 
of peace to report the prices of victual within their re^spectivc 
bounds. This order was issued on January 17, 1629, and, as a 



xxu INTRODUCTION. 

result of the various reports, an embargo was put (February 19) 
on the export of oats and meal throughout the current year 
(p. 53). But the dearth of 1630, it would seem, was even greater 
than that of 1629; "the noblemen and others his Majesteis 
subjects attending his Majesteis Counsell and Sessioun," we read, 
could not "be furnished with sufficient and good bread as 
formerlie they wer wount to be." During 1630, therefore, not 
only oats and meal, but " all kinds of victual," were forbidden to 
be exported, while at the same time the importation of foreign 
grain was encouraged by the removal of all imposts except the 

old duty of twelve pennies per boll (pp. 520, 578). In this 

connection may also be noted two petitions of the Tacksmen of 
his Majesty's customs. The Council's dealing with these 
petitions, it will be seen, shows how sharp a surveillance they 
kept on all matters of trade. The first petition was to the eflFect 
that, as several merchants had a large stock of wool on their 
hands for which there was no demand at home, the tacksmen 
might receive licence to export 5000 stones of it (p. 279). This 
petition was granted, but when at a lat^r date the same parties 
craved that they might be allowed to export 4000 stones more, 
they were told that the exjjort of 3000 stones was all that would 
be permitted (p. 313). 

The Impor- During Charles s war with France he had forbidden the 
French importation of all commodities from that country, and, though 
Wines. peace had been proclaimed, the prohibition had not been removed 
at the beginning of 1629. The Scottish merchants, however, 
had ascertained that by that date the wines of France were being 
freely imported into England, and they contended that the same 
privilege could not be denied to themselves. But when, in 
January, 1629, a consignment of French wines was brought into 
the port of Leith, it was peremptorily arrested by the Lord High 
Admiral, the Earl of Linlithgow. The importers of the wines 
laid their case before the Council, which at once wrote to Charles 
on the inexpediency of the Admiral's proceeding. The Scottish 
merchants, they urged, had only done what English merchants 
were doing, and, moreover, in view of his Majesty's approaching 



INTEODUCTION. xxiii 

visit, it was desirable that wines should be both cheap and 
abundant in Scotland — not to mention that the imposts would be 
a welcome addition to his Majesty's Exchequer. So confident 
were they of the cogency of these reasons, they added, that they 
had granted licence to the merchants to sell the arrested wines on 
condition that they should "make the price theirof forthcoming," 
if his Majesty should require it (pp. 24-5). Charles appears to 
have taken the action of the Council in good part, as, under date 
February 12, we have a proclamation to the effect that the 
embargo on French wines is henceforth to be removed, and in 
the following December the offer of the lease of imposts to the 
highest bidder (pp. 44, 395). 

In the case of another Scottish industry the Council had toT^oGi-een- 
address a reasonable expostulation to Charles. In July, 1626, pigling, 
Mr. Nathaniel Udward, one of the most enterprising Scots of his 
day, had received a patent " to fishe and trade in the cuntrees 
and seas of Greenland " for twenty-one years, the object of this 
fishing being to procure oil for the soap-manufactories which 
Udward and his partners had set up at great expense to them- 
selves. (Vol. I., second series, p. 375.) In November, 1629, 
Udward had to lay before the Council a pitiful story regarding 
the success of liis speculation. For some time past the Greenland 
Company of London had done all in their power to deter his ships 
fi-om fishing in the desired waters, and had subjected them to 
" manie wrongs, insolenceis, and oppressiouns." The complainer 
had hitherto borne all these grievances in the hope of " a for- 
bearance in tyme comming," but this year the same Company had 
passed all bounds of endurance. They had seized the com- 
plainer's two ships, made free with their stores, and imprisoned 
their crews, whom they treated " with all rigour and extremetie." 
The result of all this had been a loss to Udward and his partners 
of £4000 sterling. In such a case there was but one course 
open to the Council: they despatched Udward's petition to 
Charles, pointed out that the interests of the kingdom were at 
stake in the question, and recommended the nomination of a 



XXIV 



INTRODUCTION. 



special committee of his two Privy Councils to consider it in all 
its bearings (pp. 354-5). 



Tiades and 
Industries: 

The New 
Method of 
Tanning. 



The new process of tanning that had so often occupied the 
attention of the Council again comes before us in the present 
volume. Though many of the trade had adopted this new 
method that had been patented by Lord Erskine, there was still 
a considerable number who objected to it on the ground of its 
expensiveuess and of the quality of the leather it produced. To 
convince all parties, therefore, Erskine, in January, 1628, had 
offered to set up a tannery imder the eyes of the Council, so that 
once for all his work might be tested and judged (Vol. II., second 
series, p. 196). By March, 1629, Erskine had erected his tan- 
work and produced specimens of the new manufacture, on which 
he invited the adjudication of the Council (p. 85). A number of 
" skilfuU and honnest men " having been appointed to test the 
new leather, they reported that it was ** als good tanned ledder 
and wrought at als eusie pryces as anie tanned ledder brought 
frome England" (p. 108). On the strength of this report the 
Council (April 15) passed an Act ordaining the universal adoption 
of the new process on pain of confiscation. But, as the sequel 
shows, Erskine had by no means gained a final victory. On three 
several occasions during the fifteen months that followed the 
passing of this Act we find him presenting batches of inveterate 
delinquents, the majority of whom paid the full i)enalty of their 

offence (pp. 359, 425, 611). Of other industries there is little 

or no mention in the present volume. At page 151 we have a 
letter from Charles encouraging the manufacture of cannon by 
the offer of the " boig-myne " pertaining to the Crown, and at 
Breeding of page 222 we have another suggesting the breeding of hounds in 
the neighbourhood of Dumfries, Lochmaben, and Annan. In 
connection with the manufacture of golf-balls we have a story 
which throws its own light on the time. James Melville, quarter- 
master to the Earl of Morton's regiment, maintained that he had 
received from James VI. the privilege of exacting a tax on every 
golf- ball made in the kingdom. Two ball-makers in Leith, 
William and Thomas Dickson, having refused to pay this 



Cannon. 



Hounds. 



Golf-balls. 



INTRODUCTION. xxv 

exaction, Melville despatched a number of " lawlesse souldiers " 
to their premises, who made off with a set of balls which had been 
specially made for the use of his Majesty. Moreover, Melville 
added insult to injury by threatening to take the lives of the two 
victims if they did not him pay him his dues. The case having 
been brought before the Council, and Melville being unable to 
make good his claim, he was fined £5 for the benefit of the 
pursuers and obliged to find caution in £100 for his future good 
behaviour (p. 174). 

The most interesting entries regarding the Burghs are those The Burghs, 
that refer to Stomoway and the island of Lewis. In June, 
1628, Charles had given his signature to the Earl of Seaforth for 
the erection of Stomoway into a Royal Burgh. In making this 
grant, however, he had attached the condition that the royal 
burghs of the kingdom should be consulted before the signature 
passed the seals. (Vol. II., second series, p. 336.) When the 
burghs were consulted through their commissioners, it was found 
that they strenuously objected to the proposed erection, and in 
the present volume we have the precise grounds on which the 
objection was taken. In setting up a royal burgh in Lewis it 
had been part of Seaforth's scheme to introduce a colony of 
foreigners into the island, and though the erection had not been 
confirmed he had abeady taken steps in this direction. But there 
was an Act of Parliament of 1621 which declared "that no 
strangers nor others inhabitants within this kingdome sould packe 
or peill in anie place of the Yles outwith free burrowes nor trans- 
port anie forbiddin goods furth of the same." The evil results of 
Seaforth's action, the Commissioners urged, were already evident. 
The "Incountrie" had formerly been supplied with cattle from 
Lewis, but of cattle there were now "few or none," and the 
commodities for which the island had been frequented by Scottish 
traders was " lyke to be devolved in strangers hands." To these 
objections Seaforth rejoined that the Burghs were not competent 
" to pursue him," and that for any breach of the Act quoted he 
was responsible to his Majesty alone. The Council decided, 
however, that the Burghs were quite within their rights in mak- 



xxvi INTRODUCTION. 

ing their complaint, and enjoined Seaforth to obsen^e the Act in 
question " upon his highest charge and peril " (pp. 95-6). The 
complaint of the Burghs was presented in March, 1629, but it 
was not till July 28 that the Council sent it to Charles accom- 
panied with a letter in which they showed that their sympathies 
were decidedly with the complainers. Charles was as dilatory as 
the Council, for his reply did not come till January of the 
following year. Apparently impressed with the importance of 
the matter in dispute, he desired that Seaforth and the 
Commissioners for the Burghs should repair to him in London, 
and ordered the Council in the meantime to delay giving eflfect 
to his patent for the erection (p. 421). The next step of the 
Council was to " intreat " the Chancellor and the President to 
use their endeavours to compose the differences of the two parties 
(p. 426). Four days later Seaforth and three commissioners for 
the Burghs appeared on summons to hear the provisional decision 
of the Council. Though Seaforth was able to say that all the 
foreigners he had introduced were only " about ten or twelffe 
men," he was given to understand that he had committed a 
serious breach of the law and must see to it that he brought in 
no more strangers pending the settlement of the dispute (p. 428). 
The Burghs now came forward with a proposal of their own : this 
was " to plant and people the town of Storneway with natives 
onelie and to follow out the trade of fisheing in these bounds and 
to find cautioun for performance thairof" (p. 479). Nothing 
immediately came of this proposal, for on March 19 the Council 
despatched another letter to Charles together with the resi^ectivc 
averments of the contending parties. In this letter they submit 
the whole business to the King's decision, praying him at the 
same time that in delivering his judgment he will have more 
respect to his own interest and that of his kingdom than the 
private ends of either pirty (p. 495). It was in June, 1628, 
that Charles had granted his provisional patent to Seaforth, and 
it was now March, 1630, and the settlement of the point in dis- 
The Masons P^^tc sconicd as far off as ever. — In another case the commis- 
«^^i^. sioncrs for the Burghs exercised their influence more decisively. 

Dundee, The masons and wrighU of Dundee had petitioned the King for 



INTRODUCTION. xxvii 

the privilege of electing a deacon of their craft after the manner 
of other free burghs. In a letter to the Council Charles desired 
that the privilege might be granted, but only on the condition 
that the other burghs approved. After hearing the opinions of 
the magistrates of Edinburgh and Dundee, the Council finally 
referred the matter to the Convention of the Burghs. The 
report of the Convention was adverse to the petition, and the 
Council accepted the report as final (pp. Ill, 118, 127, 135, 
227). 

Next to the business of suppressing Papists it is a controversy Dispute 
between Edinburgh and Leith that bulks most largely in the^^^,^j^ 
present volume. The question at issue was the long-standing and Leith. 
one of the superiority claimed by Edinburgh over Leith, which 
at this period Leith made a resolute effort to shake off. The 
first entry tells us the story of the misfortunes of a cerfaiin 
John Kellock, maltsman in Leith. It was one of the claims of 
Edinburgh that no citizen of Leith htid the right to brew or sell 
ale without its licence, and Kellock, having set this claim at 
naught, was fined jE5 by a Leith bailie acting in the interests of 
Edinburgh. Having refused to pay the fine, Kellock was warded 
" in a filthie hole where all the witches had been imprissouned." 
From this uncomfortable place he appealed to the Privy Council, 
which found that the defenders, among whom were the provost 
and bailies of Edinburgh, had been " more summar " in their 
proceedings than the offence warranted, and gave orders that the 
prisoner should at once be freed fi'om his ward. As to the 
question whether the defenders were within their rights in 
punishing Kellock the Council remitted it to the Court of 
Session, but in the meantime allowed them to punish similar 
offenders till the 1st of July following (p. 55). Passing by the 
hard experience of another Leith citizen (p. 193), we come to 
the controversy itself. Under the date July 14, 1629, we 
learn that Leith has petitioned his Majesty regarding its 
grievances, and that in consequence his Majesty has com- 
municated with the Council on the same subject. The purport 
of this communication was that Edinburgh should be required to 



xxviii INTRODUCTION. 

produce the various infeftments of its asserted superiority over 
Leith. The reason given for this demand was sufficiently 
disquieting for Edinburgh. It was that the Lords might 
ascertain if there was any clause in these infeftments that was 
'Merogatorie to his Majestic or to his Majesteis officiars of 
Admiraltie and Shirefship or to the nobilitie or gentrie of 
this kingdome, or to the priviledges of the toun of Leith." 
Should any such clause be found it was to be notified 
to the King that it might be set right at the next meeting 
of the Estates (pp. 215, 630). From another letter of 
Charles (October 17) it appears that Edinburgh had been 
letting him know its side of the dispute. He had been 
informed, he tells the Council, " of diverse contempts and dis- 
ordours committed by some of the inhabitants of Leith againis the 
magistrats of Edinburgh," and he desires the Council to make 
certain in its dealings with both parties that this insubordination 
does not proceed from mere " seditious humour " (pp. 349-350). 
Our next information is that both burghs have sent representa- 
tives to London to lay their respective cases before Charles 
and the English section of the Scottish Privy Council. First 
comes a statement of the grievances of Leith, seventeen in all, 
which the commissioners from Edinburgh were called upon to 
answer in detail (pp. 633-638). As far as the present volume 
is concerned, however, it is the Leith commissioner who has the 
last word, as he follows up his list of seventeen grievances with 
another list of no fewer than eighty-four (pp. 639-665). What 
made the indictment against Edinburgh more serious was the 
fact that its privileges were maintained not only to encroach on 
the liberties of Leith, but to conflict with certain rights of the 
Crown and the Scottish nobility, and especially of the barons of 
West Lothian. That Charles was moved by this representation 
appears from a letter which he addressed to the Council in 
January, 1630. From this letter we learn that Edinburgh had 
made a concession to the Crown, which Charles now calls on the 
Council to see formally ratified (p. 422). What this concession 
involved appears fi'om the sederunt of January 28. On that 
day the magistrates of Edinburgh appeared before the Council 



INTRODUCTION. xxix 

and made a fonnal " act of submission " to the following eflfect — 
His Majesty had been informed that in the charter granted to 
Edinburgh by his father in 1603 there were "manie strange 
clauses quhilks ar not competent to ane subject." If such were 
the case, they desired to prove their loyalty by the surrender of 
the following privileges — ^the renunciation of all rights of regality 
assigned to them in their Charter, of the right to the escheat of 
criminals and outlaws within their burgh, and likewise the right to 
the north and south bank of the Castle, together with all privileges 
that were "not competent to ane subject" (pp. 432-434). But 
this act of submission on the part of Edinburgh touched but 
one point of the controversy : the special complaints of Leith 
still awaited the decision of the proper authorities. At a sitting 
on February 11 the dispute was again before the Council, 
which now in some degree cleared the ground by giving its 
opinion on the seventeen grievances above noted. Of these 
grievances, it declared, some touched on matters that concerned 
the Crown alone, and with which the Lord Advocate was the 
proper person to deal ; others aflfected the interests of the 
barons of West Lothian, who were now engaged in settling 
their differences with the representatives of Edinburgh ; and as 
for the complaints of Leith, they were too general to admit of a 
satisfactory answer from the parties complained of (p. 454). On 
one point, however, Edinburgh was called upon by the Council 
to give way to a protest on the part of Leith. The Court of 
Session had lately given a decreit that the citizens of Leith 
could not legally store victual in their town without licence 
from Edinburgh, but in the opinion of the Council this 
prohibition was prejudicial to the interests of the country at 
large, and specially to certain barons who were in the habit of 
selling their grain to the merchants of Leith. Accordingly they 
gave orders to the magistrates of Edinburgh to abstain from 
enforcing the prohibition till they received further instructions 
regarding the matter in dispute. Such are the leading points 
in the somewhat tangled proceedings between the two irritated 
burghs, as they are recorded in the present volume. 



XXX INTRODUCTION. 

Miscellan- We have still to note a few items of legislation which exhibit 
I^slation-^^^ range of the Council's functions. On the prevalence of 
Irish vagrancy we have two Acts — one dealing with beggars from 

Beggars. Ireland, the other directed against those of home growth, most 
of whom appear to have been gypsies. To the presence of Irish 
beggars the Council had two objections: they went about in 
such gangs that they were an actual terror to the lieges, and, 
moreover, they appropriated alms which would be more fitly 
devoted to the native poor. The Act passed against these foreign 
vagrants would appear sufficiently formidable if we did not 
remember how many similar Acts had remained a dead-letter : 
they were commanded to betake themselves to their own country 
within fourteen days after the publication of the Act, and 
forbidden to return "under pane of death" — ^all landlords 
being charged to deport such of them as were found on their 
Native estates (p. 354). The terms of the Act against native beggars 
ggara. might lead us to believe that they were an invading host living 
at free quarters in an enemy's country. The Act begins with 
the frank admission that all previous legislation against this 
plague had proved ineffectual, and it ascribes this failure to two 
causes — the negligence of the proper persons in enforcing the 
law and " the preposterous pitie of the countrie people " in 
giving alms " without reasoun or discretioun." Through this 
weakness the evil had grown to be intolerable : these " strong 
and ydle vagabonds " swarm through the country — ^bridals and 
funerals being their special delight ; they infest the capital itself, 
passing their nights " in drinking and beastlie filthines," and in 
the day-time plaguing the Privy Councillors themselves with 
their importunity ; and finally they live " in all kynde of 
impietie . . . without mariage or baptisme of thair barnes, 
to the great offence of God and reproache and scandall of the 
countrie." It was impossible to go beyond the severity of 
previous Acts against such persons, and the Council had to 
content itself with confirming all these Acts together with one 
which it had passed in 1619. By this Act every person giving 
alms to a beggar not belonging to his own parish was to be fined 
£5 for every offence of the kind, and in the event of his refusing 



INTRODUCTION. xxxi 

to pay the fine he was to be summoned before the Council and 
mulcted in £100 or more at its discretion. How numerous the 
tribe of beggars appears to have been is forcibly shown by 
another clause of the same Act. It often happened, we are told, 
that so many of them were in ward in one place that the parish 
was unable to maintain them and that they died of starvation 
before their day of trial. To provide against such a contingency 
it was enacted that a weekly tax not exceeding five shillings 
Scots and not less than one should be imposed on each parishioner 
for the maintenance of such vagabonds and the payment of the 
constables who had charge of them (pp. 411-2). As a separate 
tax was also to be levied for the " proper poor " of each parish, 
it will be seen that " the plague of beggars " was a veritable 
incubus on the land. 

More than once since the Eeformation both the Privy Council A Latin 
and the Parliament had been exercised with the problem of 
securing the best possible Latin Grammar for universal adoption 
in the schools of the country. In the Middle Ages the diflSiculty 
had not arisen : Donatus in the schools and Alexandre de 
Yilledieu in the universities had satisfied the needs of the 
successive generations. At the revival of learning, however, 
such a multitude of Latin grammars was produced that they 
seriously interfered with the eflSicient teaching of the language. 
In Scotland, as elsewhere, the difficulty had been felt, and early 
in the reign of James VI. a conamittee of four scholars, with 
George Buchanan as its president, had been commissioned to 
prepare a satisfactory text-book. The work they produced was 
not a success, and it was superseded by one text-book after 
another — ^the one that now held the field being that of Alexander 
Home, schoolmaster at Dunbar, which had received the sanction 
of James. Lately, however, there had been complaints of " the 
obscuritie and diflicultie " of Home's Grammar, and the King's 
attention having been called to the fact, he desired the Council 
to appoint a committee of " learned, indifferent men " to deter- 
mine whether the book should be retained in use. The character 
of the persons chosen for this purpose shows how seriously the 



xxxu INTRODUCTION. 

Council regarded the charge. Among the eleven who composed 
the committee were the Lord Advocate, the Bishop of Dunkeld, 
and the Director of Chancery. In the discharge of their task 
the members were to sit in the Laich Council-House, Edinburgh, 
to meet as often as they found necessary, to peruse the Grammar 
for themselves, and to take the opinion of the leading teachers of 
the country, who were to answer to their summons " under 
the pane of rebellioun" (pp. 596-7). The result of their labours 
does not appear in the present volume. 

Th® Several times during the reign of James VI. the eflfort had 

0un*6iicv 

been made to benefit the poor by the issue of penny and two- 
penny pieces in copper. The last occasion on which this had 
been done was in 1623, but since that date these coins had again 
become scarce, and now we find the burghs petitioning the 
Council for a renewal of the issue. The grounds of the petition 
were that through the insufficiency of small change the poor 
were defrauded of alms, and " the commoun sort of people " 
were inconvenienced in their marketing (p. 47). The Council 
responded to the petition, and with the King's consent gave 
order that 500 stones of copper should be coined into penny and 
two-penny pieces — the whole issue to be ready by the 15th of 

The circuk- April, 1631 (pp. 47, 130-2). ^The only other point connected 

Fo^ • ^^^^ ^^® currency that comes up in the present volume is the 

Coins, ^ never-failing one of the surreptitious circulation of foreign coin. 
On January 15, 1629, there was a special meeting of the Council 
for the consideration of the whole question, a number of Edin- 
burgh merchants and officials from the Mint being present to 
give their advice. As the result of the conference, it was 
concluded that of the various foreign dollars in circulation the 
EixdoUar and the Lion-dollar were the most suitable to be 
retained in use. As to the other dollars the officers of the Mint 
and the merchants were to take into consideration how they 
could be got rid of with tha least loss to the country (p. 8). 
The further dealings of the Council with the question may be 
read at pp. 16, 19, 51. Apparently all their efforts were 
ineffectual, as in the following year (February 3rd, 1630) there 



INTRODUCTIOK xxxui 

came a sharp letter from Charles which stirred them to more 
energetic action (p. 458). They appointed a special committee 
composed of the leading officials of the Council, together with 
the Bishops of Dunblane and Brechin, who in conference with 
the merchants and officials of the Mint were " to consider the 
best wayes for removing of the present abuse in the course of 
forrane cojme and for bringing in of bulyeoun to the mint-hous 
hereafter" (p. 464). This committee was appointed on February 
23rd, and the result of its deliberations does not appear in this 
volume. 

In February, 1628, the Council had to inform Charles that State of the 
owing to " the weak estait " of the Exchequer they were ^^ ^^^^^ 
"altogidder disabled to ordour the effaires of the Estait." 
Writing to him in June, 1629, they had to tell him the same 
story. Desired by Charles to pay the pensions due to his nurse 
and certain gentlemen of the Privy Chamber, they had to report 
that for the time they had not so much money at their disposal. 
It was all they could do to meet the ordinary public expenses, 
such as those involved in the Despatches of the Council and the 
payment of the Lords of Session. For several years past there 
had been " a verie great and sensible decay " in the customs, and, 
moreover, the Lord Treasurer had at that moment to reckon on 
the outlay connected with his Majesty's approaching visit. In 
these circumstances, they wrote, they could only undertake to 
pay these gentlemen their pensions " with the first conveniencie 
of piis] Majesteis coffers." 

Domestic Incidents. 

No fewer than three times within our period was it announced Intended 

that Charles was about to visit his northern kingdom. He was oharles to 

to appear in the spring of 1629, in the autumn of the same year, S^*^^^^* 

and in June of 1630, and on each announcement of his coming 

the Council had the fruitless trouble of making the necessary 

preparations for his reception. What these preparations meant 

we had before us in the previous volume, but in connection with 
VOL. ni, c 



xxxiy INTRODUCTION. 

these abortive visits there are a few items of antiquarian interest 
that deserve a passing note. Again, as in the preceding year, 
the question arose whether the Church of St. Giles or of Holy- 
rood was the more suitable place for the ceremony of the 
Coronation — ^a question in which Charles himself showed his 
interest by writing a letter on the subject to the Council (p. 422). 
To determine the question the Lord President and the Chancellor, 
with some others of the Council, were conmiissioned to examine the 
two churches — St. Giles " at eight of the clocke in the forenoone," 
and Holyrood " that same day in the aftemoone " (pp. 454, 493). 
The report of this committee was duly communicated to Charles, 
and he declared decisively in favour of St. Giles. To the Abbey 
Kirk there was the serious objection that it could not be got 
ready in time " for the solemnitie of so great ane actioun." On 
the other hand, " without removing or casting doun of the east 
wall," the Kirk of St. Giles was found to be "the most 
convenient, eminent, and perspicuous place for his Majesteis 
coronatioun " (p. 497). Still in connection with the expected 
royal visit we have another antiquarian item — an ordinance of 
the Council for the closing of the east stile leading into Holyrood 
Churchyard. The reason for this proceeding gives us a curious 
glimpse into the habits of the time. "For diverse yeeres 
bygane," we are told, " the people repairing to the burgh of 
Edinburgh from Mussilburgh, Fisherraw, and other pairts in 
East Lothiane, hes made thair ordinarie passage throw the 
kirkyaird of Halyrudhous whilk they defile with filth and other- 
wayes, especiallie at the verie side of the kirk and direct under 
the windowes of his Majesteis galrie of Halyrudhous, whilk wiU 
be verie unsemelie to be seene be strangers the tyme of his 
Majesteis heere being " (p. 74). 

Cases of The preceding volumes of the Eegister have shown that the 

efforts of James YI. to maintain law and order in his kingdom had 

Maybole. ^^^ ^^^ ^^ vain. In Highlands and Lowlands alike it had been 
brought home to every Scottish subject that in taking the law 
into his own hands he was playing a losing game. But the 
ingrained habit of centuries was not to be cured in the course of 



INTRODUCTION xxxv 

a single reign, and for many a day to come there were to be 
cases of outrageous defiance of the law that recalled the wildest 
days of feudalism. Even within the limits of the present volume 
we have a few examples of daring defiance of authority, which, 
though not of the worst type, have a savour of earlier days. 
On the 22nd of November, 1629, James Maxwell, messenger, had 
the following e3q)erience while in the discharge of his duty. 
John Pergusson.of Kilkerran had received letters of caption 
against James Kennedy of Blairquhan, and he had engaged this 
Maxwell to put the law in force. Attended by Fergusson and 
other gentlemen, Maxwell made his way into Kennedy's house 
in the town of Maybole. Kennedy, however, had arranged to 
give his visitors a warm reception. He betook himself to one of 
his chambers, closed the door in their faces, and ^^with manie 
horrible oathes" threatened to shoot the first who entered. Mean- 
while, by his order the church bell was rung, a drum was beat, 
and immediately there beset the house some 300 men, "all 
armed with jacks, spears, steel bonnets, and other weapons, and 
the prohibited hagbuts and pistols." On the appearance of this 
formidable array the messenger desired to be as conciliatory as 
the circumstances demanded. He requested the besiegers " to 
use a more civill forme," and promised to let Kennedy go 
" upoun a reasounable conditioun." Flouting these overtures, 
they attacked the gates with forehammers, and supplied the 
prisoner with powder and lead, which he immediately made 
use of by trying to shoot his intending captor. In these circum- 
stances, the baffled messenger and his supporters could only 
protest and retreat. The case came before the Council on the 
13th of January, 1630, when the Laird of Blairquhan and his 
more ardent abettors had occasion to repent their heroic 
measures (pp. 4-6). 

Beside these proceedings at Maybole may be placed a still Scene in 
more audacious action that happened in Dumfries. Three per- "^ "^' 
sons in whom Lord Herries and his sons were interested had been 
warded in the pledge-chamber of that burgh. Herries and his 
sons were " annoyed at this," and resolved at all costs to free 



xxxvi INTEODUCTION. 

the prisoners. As the plan they hit upon was sufficiently 
desperate, they chose the Fair of the town for putting it into 
execution. Making his way into the pledge-chamber, one of 
Herries's men cajoled the warders, and was permitted to see 
the prisoners. To one of them he handed a whinger, and all 
four burst into the street, striking down the jailer by the way. 
As it happened, the bailies of the town were at that moment 
close at hand, and seeing the state of affairs they attempted to 
stop the further progress of the fugitives. But provision had 
been made for such a contingency: at convenient comers in the 
immediate neighbourhood a band of Herries's men had been lying 
in wait, and with pistols and drawn swords they now fell upon 
the bailies. In the tumult the three prisoners tried to make 
good their escape, but were pursued by the neighbours, two of 
them being captured. All this time the Master of Herries with 
others of his following was in wait near the town to receive the 
fugitives. Disappointed in the event, the family and friends of 
Herries conceived such " a deidly haitrent and malice " against 
the people of Dumfries that none of them dared to set foot out- 
side of the town. Such was the story the provost and bailies of 
Dumfries had to report to the Council. On the day of trial 
neither Lord Herries nor his son the Master appeared — the one 
alleging illness, the other having left the country. Others who 
did not appear were outlawed, and those who did, of whom two 
were sons of Lord Herries, were ordered to enter the Tolbooth 
of Edinburgh within six days (pp. 12-14). 

The Earls From another entry we learn that at the Council's own door 
®^^*^!!^ there was the possibility of scenes similar to those that have just 
been described. In July of 1629, the Earls of Cassillis and 
Wigtown were in Edinburgh in connection with a suit pending 
between them before the Court of Session. After the time- 
honoured Scottish custom they had both come attended with 
numerous followings, and there had been " unseemlie convoca- 
tion " of both parties that alarmed the Council for the public 
peace.. Other nobles, also, friends of Cassillis and Wigtown, had 
been adding fuel to the flame by " backing " the side which they 



INTRODUCTION; xxxvii 

favoured. To prevent possible mischief, therefore, the Council 
sent three of its members to the two litigant nobles with the 
injunction that neither should appear in the streets with more 
than twelve followers, and that when they presented themselves 
at the bar neither should be accompanied by more than six, 
exclusive of his advocates (p. 224). ^Other examples of con- 
tempt for the law will be found at pp. 18, 25, 40, 251, 531, 
661. 

Still under the head of lawless disorder we have to note thejpeudof the 
further development of two Highland feuds, one of which is Grants of 
sufficiently important to have found a place in the page ofBalUndal- 
national history. The Grants of Ballindalloch and the Grants of ^°^^' 
Carron, both in Speyside, had long been at feud. In 1628 an 
encounter took place between them in the wood of Abernethy, 
which resulted in the death of John Grant of Carron and of 
several others on both sides. The Council immediately took 
steps to ascertain who were the guilty parties, and, when we left 
the story in the preceding volume, had summoned representatives 
of both sides to appear in January, 1629. The witnesses duly 
appeared, and the Council, having taken their depositions, sent 
them to Charles at his special request (pp. 42, 46-7). This was 
on February 12, 1629, and on March 25th came Charles's decision. 
It was to the effect that a pardon should be granted to Ballin- 
dalloch, but that he should make an adequate compensation to 
the widow and orphans of the slaughtered Carron. K the two 
parties could not come to an arrangement by the 1st of August, 
the Council was to take the matter into its own hands (pp. 113-4). 
In February, 1630, the parties had not yet come to terms, and 
they were now summoned to appear before the Council in the 
following June (p. 458). The case was heard on June 29th, 
when the widow of Carron and her son, the young laird, 
announced that they would not accept assythment till his 
Majesty had been more fully informed regarding the circumstances 
of the old laird's death (pp. 579-80). Connected with this feud 
and its chief instigator was one whose name has so often figured 
in this Eegister, the redoubtable James Grant in Daltaleis. As 



xxxvui INTRODUCTION. 

we have been so often told, this James Grant had in 1618 slain 
one Patrick Grant in Lettache, and had ever since been in 
outlawry. Now we learn that in association with " a nomber of 
broken Hieland men of the Clanrannald, Clangregour, and some 
others out of StratJiispey and Stradoun," he has become "ane opin 
reavir and oppressour " (p. 23). Commission after commission 
WAS issued for his apprehetision, but when we leave him he is 
still at large and as enterprising as ever. How he marred the 
good intentions of the Council in the case of the Carron and 
Ballindalloch feud we shall learn in the next volume. 

Feud of the But it was another Highland feud — that between the Crichtons 
p"^2^^®®^of Prendraught and the Gordons of Rothiemay— that was to be 
raughtand associated with a tragedy that has given it a place in the 
of Rothie- ^^^^^oxxaX history. We do not reach that incident in the present 
niay* volume, but the development of the feud, as it may here be 

traced, has a direct bearing on the mystery that still surrounds 
the Burning of Frendraught. In March, 1628, a party of the 
Crichtons, while fishing in the Deveron, had been assaulted by 
certain of the Gordons, who, remaining defiant, had been put to 
the horn in the following December. When the present volume 
opens, William Gordon of Eothiemay and his son, John Gordon, 
had not yet obeyed the summons of the Council, which now 
issued a commission to the Marquis of Huntly for his immediate 
apprehension (p. 15). The next thing we learn is that James 
Crichton of Frendraught and young Gordon have appeared before 
the Council and made a joint declaration that " the difierences 
betuix thame wer now fuUie sattled and agreed and that there 
wes no forder mater of contestatioun betuix thame" (p. 215). 
Apparently the laird of Rothiemay was not a party to this peace- 
making, as in the same month (July) we find that he is still 
defying the law and going about his business " as if he were a 
lawful subject " (pp. 255-7). In December he was still at large, 
and the Council had been informed that there was every likeli- 
hood of fresh broils between the two families. Both parties, 
however, are now charged to appear before the Lords, and 
meanwhile to give caution that they will keep the peace. The 



mTRODUCTIOK xxxix 

apprelieusions of the Council were fully realised : frequent 
encounters took place between the dependants of the two lairds 
— the Gordons, it was alleged, being always the aggressors. At 
the instance of Crichton, a commission was given to Sir George 
Ogilvy of Banff for the arrest of Gordon and his son Walter, with 
certain of their servants. Accompanied by Crichton and others, 
Ogilvy proceeded to the Castle of Rothiemay with the object of 
carrying out his warrant. He was met on his errand by 
Kothiemay and certain of his followers, and in the fray that 
ensued Rothiemay was mortally wounded (pp. 429, 485). His 
son, John Gordon, thereupon sought to raise an action against 
Crichton and Ogilvy for the murder of his father, but the Council 
decreed the charge irrelevant on the ground that Rothiemay had 
been slain while in the act of defying the law. Refused this 
satisfaction, young Gordon pursued his rebellious courses, and 
though a special commission was issued for his apprehension he 
still succeeded in evading capture. Desirous, if possible, to put 
an end to a feud that disturbed the whole country-side, the 
Council proposed to Gordon that if he would make up his 
quarrel with Crichton all his past offences would be overlooked 
— the alternative being that he would be treated as an outlaw 
(p. 509). This was on April 1st, 1630, and when we last hear 
of Gordon he is still at large and unreconciled (pp. 530-1). 
Within a few weeks the tragedy was to take place of which he 
was to be one of the victims. 

From two letters of the Council, addressed respectively to the Lawlessness 
Sheriff and the Bishop of the Orkneys, we receive a lively J? *^® , 
impression of the lawless condition of these islands, and still more Shetland 
so of the Shetlands. In the case of the latter the insubordination ^^^^^^ 
of the islanders took the special form of opposition to the 
ministers of the Church. Their " high contempt " of kirk 
discipline, we are told, " is now come to suche ane hight by the 
presumptioun and boldness of lewde and dissolute persouns 
within the saids bounds that in a maner there is ane avowed 
oppositioun made to the ministrie in all and everie thing." In 
the list of their offences against their ministers we have such as 



xl INTKODUCTIOK 

the following : — " The upbraiding of thame in thair pulpits in 
the discharge of thair functiouns, the cartalling of thame in 
thair presbyteriall meetings, the threatning of thame to breake 
thair heads, to bullett thair bodeis, to battoun thame if they 
presoome to use the censures of the kirk aganis thame." To 
amend this state of matters the Sheriff was empowered to summon 
before him all who were suspected of such offences and to report 
such as were found guilty to the Council, which would decree 
the nature of the punishment to be inflicted (pp. 202-4). From 
the letter to the Bishop, however, we learn that justice in the 
Orkneys was administered under considerable difficulties. The 
judges and magistrates had no " convenient place " where to sit 
and there was not even a " sure hous and prisoun " where to 
bestow delinquents. The Council had heard that there were 
" manie good rowmes " in the palace built by the late Earl of 
Orkney (the famous Earl Patrick), known as "The Yairds." 
They suggested that one of these rooms should be set apart for 
the judges, and that in the vaults below secure accommodation 
might be found for offenders. This economical arrangement, 
the Bishop was informed, was made only "till his Majesteis 
coffers, quhilks ar now straited and pinched with manie urgent 
occasiouns, be better provyded and furnished with moneyes for 
bigging of ane jajle and wairdhous " (p. 536). 

Witchcraft. Among the usual numerous cases of witchcraft, those of two 
warlocks may be specially noted. The one, Alexander 
Drummond of Auchterarder, was speedily disposed of (pp. 2, 3), 
but the case of the other, Alexander Hamilton, is a longer story. 
To escape the law he had taken refuge in England, but was 
there apprehended, and in the first place committed to the Tol- 
booth of Haddington (p. 222). While awaiting his trial, how- 
ever, he brought charges of witchcraft against several persons 
•• of good fame, credite, and reputatioun," and the Council gave 
orders that he should be removed to the Tolbooth of Edinburgh 
(p. 261). The persons whom he accused were nine women of 
•• meane estait," all residing within the Presbytery of Haddington, 
the members of which were commissioned to examine them and 



INTRODUCTION. xli 

report to the Council (pp. 361, 2). Another person against 
whom Hamilton pointed his finger was of higher social station — 
Lady Manderston, wife of Sir George Home. The husband and 
wife were known to be on bad terms, and the charge that 
Hamilton brought against the lady was that she used " devilish 
practices " against the life of her husband. When specially 
interrogated, Hamilton admitted that his only ground for making 
the charge was the statement of one John Neil of Tweedmouth. 
Hamilton was sent to his account, but we find that his informant 
Neil was carefully looked after and lodged in the Tolbooth of 
Edinburgh. When we leave him, Neil has brought an accusation 
against another lady of rank, Lady Samuelston. Her he accused 
of having actually done her husband to death by the same black 
arts (p. 541. Cf. Chambers, Domestic Annals, II., 32-4). 

From Stirling we have a curious story regarding the bakers of The Bakei-s 
that burgh. A number of gentlemen with their families had taken *^^'* 

up a temporary residence in the town, and naturally expected 
that they would be able to buy what they wanted for their 
money. They discovered, however, that the only kind of bread 
procurable was " so base and unworthie as the lyke is not to be 
found in no burgh of this kingdome." This was the more 
provoking as the bakers of the town made another kind of bread 
of superior quality, which they refused to sell to the strangers. 
The matter having been brought before the Council, the bakers 
declared that they were only acting in accordance with an 
arrangement that had been adopted by their " whole brethren " 
in 1628. By this arrangement no baker in Stirling was allowed 
to sell " mainschots " or " unleavened bread " to any but nobles 
and barons who supplied the necessary wheat at a certain price. 
The bakers were curtly told that such an arrangement was "evill 
made to the hurt and prejudice of his Majesteis subjects," and 
were sent home with the strait injunction that they should bake 
and sell aU kinds of bread according to the needs and wants of The Ham- 

. mersmiths 

their customers (pp. 197, 8). More commendable, as bemgof Edin- 

highly in the interests of the community, was a proceeding on|^^^^^* 
the part of the hammermen of Edinburgh. Alexander Gilchrist, man. 



xlii 



INTEODUCTIOK 



locksmith in Torbreckie, submitted the following complaint to 
the CSouncil. Witliin the preceding two years, when seeking to 
dispose of his goods at the Edinburgh market, he had been 
violently robbed of seven locks and seven keys by Thomas Brown, 
lately deacon of the hammermen. He had complained to the 
Council of this action of Brown, who had thereupon been charged 
to restore the complainer his wares and to desist from molesting 
him in the future. So far from attending to this injunction of 
the Council, Brown and those associated with him were now 
behaving with greater violence than ever. At a late market 
they had destroyed all the complainer's locks and bodily carried 
off certain others of his wares. Brown was now summoned 
before the Council, and he put a somewhat different complexion 
on the story. The locks made by Gilchrist, he declared, were 
so bad that the lieges could not use them with any security that 
their goods would be safe. To settle the dispute the Council 
appointed " four indifferent men " to report on the quality of 
Gilchrist's workmanship. The result was that all four " in one 
voice upon thair solemne oath and conscience " testified that the 
locks in question were " not worthie to serve his Majesteis 
lieges." On this crushing report the Council charged the 
bailies of the burgh to destroy Gilchrist's work and to look to 
it that he should present no such '^ disloyall and insufficient 
worke " in future (pp. 345-6). 



Captain 
David 
Robertson 
and the 
City of 
Hamburg. 



In the experiences of Captain David Eobertson. a noted 
Scottish privateer, we have an illustration of the maritime law of 
the period. During the war with Spain Bobertson had procured 
letters of marque, and had done efficient service against the 
enemy. It came to his turn, however, to be the sufferer. After 
a sharp encounter he was taken by two war-ships of Hamburg, 
several of his crew being killed and others severely wounded. 
As there was no war at this time with Hamburg, Eobertson 
appealed to the Council for letters of reprisal that he might 
indemnify himself for his losses. The Council sanctioned his appeal 
and laid the case before the Kiug (Vol. H., second series, p. 544). 
In due course, Robertson's witnesses appeared before the 



INTRODUCTION. xUii 

Admiralty in London, with the result that Charles communicated 
with the magistrates of Hamburg and desired a reply in the 
course of a month. The reply having come, Charles despatched 
it to the Council with the advice that if they did not find it 
satisfactory they should grant to Eobertson the desired letters of 
reprisal (p. 484). The Council did not find the reply satisfactory, 
and granted the letters, which from his previous record we may 
believe that he used to good purpose (p. 525). Examples of 
the activity of Scottish privateers will be found at pp. 86, 521, 
589, 668. 

A calamity which greatly impressed the public mind was the The sliding 
sliding of an extensive moss near Falkirk in December, 1628. |^*™^"* 
As an illustration of the expressiveness of the Scottish language shire, 
of the time, the Act of Council which records it is worthy of 
note. " Forsamekle," it begins, "as in the moneth of 
[December] under silence of night there hes fallin out by the 
unsearcheable providence of the Almighty God, quhilk by no 
humane witt nor foresight could be prevented, suche ane feare- 
fuU, suddane, and unexpected accident, lyke ane thunder-clap, 
upoun the lands of Powes and Powmylne p^rteaning to David 
Kollock of Powes and Eobert Johnestoun of Powmylne and 
upoun the lands perteaning to Patrik Bruce of Corsebruike and 
Thomas Bruce of Woodsyde, that the lyke wes never heard of in 
anie kingdome or age, in so farre as ane great and large mosse of 
the thicknesse of ane speir hes beene driven by the force and 
violence of wind and water fra the firme ground and bounds, 
where frome all beginning it unmoveablie stood, to the lands of 
Powes and Powmylne and others lands of the persouns foresaids 
distant thairfra be the space of , and hes overflowed 

and covered the saids whole lands and hes tane ane solide, firme, 
and sattled stand thereon, hes overturned the whole houses for 
the most pairt of the saids lands, so that twentie famileis wer 
constrayned for lyfie and deid and with the extreme hazard of 
thair lyres to flee and leave thair houses and all within the same 
to the violence of the mosse." As usual in cases of great public 
calamities the Council appealed to the country for the relief of 



xliv INTRODUCTION. 

the sufferers and nominated a committee to collect contributions 
(pp. 37-39). The committee did its work with great thorough- 
ness, travelling through the whole country and collecting 
subscriptions from all classes of the conununity. Their labours 
were highly successful, " great sowmes " of money being raised, 
and the Council came to be pestered by the competing claims of 
the sufferers (p. 568). 

Miscel- A few miscellaneous items of interest may close this survey of 

the present volume. From a letter of Charles to the Council we 
learn that the French Government had raised a claim to certain 
lands in that part of America where Sir William Alexander had 
so assiduously sought to plant a Scottish colony. The con- 
tention of France was that the lands had been seized during the 
late war between the two countries, and that now that peace was 
restored it had a right to claim its own. That he might be 
prepared to answer this demand Charles desired the Council to 
supply him with precise information regarding the claims of 
Scotland to the lands in question (pp. 613-4). As the beginning 
of the rivalry between France and Britain for the possession of 
Canada, this early dispute has an interest of its own.— — ^The 
threatened visit of a plague at the close of 1629 called for the 
energetic action of the Council. It is described as " the con- 
tagious sickness of the pest," and was specially prevalent in 
Bordeaux and in the Orkney and Shetland Islands (p. 353). The 
Council imposed a rigorous quarantine in connection with the 
Scottish ports on the east coast, but from its repeated ordinances 

it is evident that it received only a partial obedience. As one 

of the signs of the times, the surrender of their hereditary sheriff- 
doms by the Marquises of Hamilton and Huntly is worthy of 
note — the abolition of hereditary jurisdictions being part of the 

policy both of Charles and his father (pp. 317, 364). The names 

of a few notable men of the time appear in the volume. On 
June 8th, 1630, Sir James Balfour, author of the AnnaleSj received 
the formal gift of the office of Lyon King-of- Arms, and a month 
later we find him lodging a grievance against " diverse painters 
and goldsmiths, gravers, cutlers, and others artisans," for granting 



INTRODUCTION. xlv 

arms " to all rankes of persons promiscuouslie at thair pleasure" 
(pp. 561, 594). The name of the venerable Robert Bruce, the 
famous Presbyterian minister, once more comes before us— on this 
occasion in connection with a supplication that he may be allowed 
to come to Edinburgh on legal business (p. 599). Dr. Peter Bruce, 
Professor at the University of St. Andrews, once a member of the 
Court of High Commission, gave offence to the Council by 
refusing to accept the office of rector of his university, and was 
threatened with outlawry if he persisted in his obstinacy (p. 345, 
348). At pp. 336, 473 we have an interesting item relating to 
Dr. Arthur Johnston, scholar and physician, and the author of 
the Latin version of the Psalms, which was held to rival that of 
G-eorge Buchanan. 

I have again to acknowledge the valuable assistance I have 
received from the Eev. Henry Paton, M.A., in the preparation of 
the present volume. 

P. HUME BBOWN. 



REGISTER 



OF THE 



PRIVY COUNCIL OF SCOTLAND. 



ACTA, DECRETA, &c. 



REGISTER 



OF 



THE PRIVY COUNCIL OF SCOTLAND. 



ACTA, DECEETA, &c. 



^Ji^tten, " Charles R, Right trustie and right weilbelovit cousineand counsellour Whitehall,^ 
Foi. 160, b. right trustie and weilbelovit cousines and counsellours, and right trustie Letter from 
and weilbelovit counsellours, we greete yow weill. Whereas ^po^i^ anent'thf ^ 
good consideratiouns moving us we have beene pleased to send thither Scottish 
the whole Scotish companeis which have beene abroad in our service to have returned 
be tramed up and mainteaned there till we sail be pleased to imploy ^^ce!^*^" 
thame againe, yitt considering that this cannot commodiouslie be 
performed unlesse some convenient plaices be made choice of for this 
purpose, our pleasure is that (after dew deliberatioun) yow make 
choice of suche places there as yow in your judgement sail thinke most 
expedient whair the saids companeis may be trayned up and mainteaned 
during our pleasure and with all that yow be verie careful! to cans thame 
be furnished with all suche provisiouns and other necessareis at als easie 
a rate as yow sail thinke may be best granted ; all which recommending 
to your speciall care, we bid yow fareweill. Givin at our court at 
Whitehall the fyft day of Januar 1629."* 

Sederunt — Treasurer; S* Andrewes; Menteith, prseses; Privy Seal ; Hoiyrood 
Linlithgow ; Bishop of Dumblane ; Secretary; Clerk of Register : January 1629. 
Advocate ; Justice Clerk ; Sir John Scot. 

^^^^^"■^^"Anent the supplicatioun presented to the Lords of Secreit Counsell be-^ftof Council 

162&-Jaly ^^ ^ allowing the 

ie29.^ 

FoL 78, b. 1 This letter is again booked at Fol. 156, b. these countries was at an end by the close of 

Though a formal treaty of peace was not yet 1628, and hence the recall of the Scottish 

concluded between Charles, on the one hand, companies. 

and France and SjMiin, on the other, war with 

VOL, III. A 



2 REGISTER OF THE COUNCIL. 1629. 

commandoTB the commanders, officiars and souldiours under the regiment of Williame, Acta February 

£e rog^ent Erie of Mortoun/ makand mentioun that whair the Kings Majestie hes i629. ^ 

MortS^^ ^^ directed and licenced thame to ly in garrisoun within this kingdome for ^^^' ^^' ^• 

ae^e their the space of three moneths untill his ^ajestie sail be pleased to dispose 

such parts of otherwayes of thame and that his forder will be knowin thairanent ; 

Sey'^yXid^lykeas his Majestie hes provydit maintenance for everie ane of the saids 

^rSn*con-**° so^^iours at the rate of sax shillings money of this kingdome daylie, 

ditions. humblie desyring thairfoir the saids Lords to grant unto the saids 

.commanders and officiars licence to sattle the saids souldiours in suche 

convenient touns and villages as may seeme most fitting unto thame for 

thair dyet upoun thair awin proper moneyes to be presentlie payed 

without anie greevance to anie of his Majesteis good subjects, emd the Foi 79, a. 

rather seing the saids commanders and officiars ar content that the saids 

souldiours sail be punishable and removeable when ever the saids Lords 

sail heare of anie just cans of complaint aganis thame, lykeas at mair 

lenth is conteanit in the said supplicatioun. Quhilk being read, heard 

and considderit be the saids Lords and they weill advised thairwith, the 

saids Lords hes allowed, and be the tennoui* heerof allowes the saids 

commanders and officiars to sattle thair souldiours in suche parts of the 

countrie whair they may most convenientlie abide, they behaving thame- 

selffes soberlie and discreitlie and making thankefuU payment for suche 

victualls as they sail ressave ; lykeas the saids Lords have recommendit, 

and be the tennour heerof recommends the saids commanders, officiars 

and souldiours to the proveists and bailleis of burrowes and uthers his 

Majesteis officiars whome it effeirs, commanding thame to show all 

lawfull favour to the saids officiars and souldiours and to see thame 

convenientlie loodged and dyetted for thair moneyes, they behavii^ thame- 

selffes modestlie without greeving anie of his Majesteis good subjects as 

said is ; and ordanis letters to be direct to make publicatioun heerof be 

opin proclamatioun at all places needfull, and to command and charge all 

proveists and bailleis within burgh and uthers his Majesteis officiars to 

have a speciall care and regaird to see the saids officiars and souldiours 

accomodat in loodging and dyet for thair moneyes, they behaving thame- 

selffes dewtifullie without greevance to anie of his Majesteis subjects as 

they will answere to the saids Lords upoun thair obedience." 

Wammt^to^ "The Lords of Secreit Counsell hes given and grantit, and be the 

Dunblane and tcnnour hccrof gives and grants full power, commissioun and warrand to 

ewSSne' Adame, Bishop of Dumblane, Sir Archibald Achesoun, Secretar, Sir Thomas 

^mmond ^^^P ^^ Craighall, knight baronnet, his Majesteis Advocat, Sir George 

who is charged Elphinstoun of Blythiswoodc, knight, Justice Clerk, and M' Alexander 

craft. Colvill, Justice Depute, or anie twa of thame, to examine Alexander 

Drummond, prissoner within the tolbuith of Edinburgh, upoun his 

^ The Scottish contingent under the Earl of That town had surrendered to Richelieu on 
Morton, it will be remembered, had formed part October 18, 1628, Tand Morton's regiment had 
ofBuckingham'sarmy for the relief of LaRoohelle. retomed to Scotland. 



1629. CHARLES I. 3 

1828-Juiy practizing of witchecraft and to report his depositiouns to the saids 

Fol'79, a. Lords." 

c^j^ons. Commission under the Signet to the provost and bailies of Edinbui^h, H^J^^th 

FoL 185, b. or any two of them, as justices, to hold courts and try John Learmonth, January 1629. 
John Balfour, and John Millar, three notorious thieves, who on ^SdlSTthe 

December last lay in wait for Ninian Halyday in at hisPJjT***^^ 

lodging place beside the West Port of Edinburgh, and masterfully reft Edinburgh or 
from him his purse, with the sum of 400 merks therein. Being there- SJm to Sy 
after apprehended, they are now in the tolbooth of Edinburgh. Signed ^°^hSd 
by Hadintoun, Linlithgow, Dumblane, Arch. Achesoun, Hamiltoun, and others, who 

c^- rm- TT ■ ar® notoriouB 

S' Thomas Hoip. thieves. 

8^™»tfl, " The Lordis continewia the mater anent the educatioun of nobelmenis Education of 

Pol, 106, b. sones till the nixt Counsall day." son*.^'"*'^* 

" The Lordis ordanis the generall, maister, and oflBciaris of the .Ordinance 
Cunyeehous, withe some of the Franshe, Flemis, and Easterline tradaris, cu^icy^of 
to be wamit to the nixt Counsall day to confer and ressoun upoun the ^^^^ ^^^• 
course of foreyne coyne." 

" The Lordis recommendis to the Admirall thetry all of the personis The importers 
homebringaris of Embden dolouris and to reporte thair names to the SoiSw. ^^ 
Counsell." 

" The Lordis continewis the mater anent the saltpeter to the nixt Saltpetre. 
Counsall day." 

Acta February 
1828-July 

^' ^ SederurU — Treasurer ; Monteith, prseses ; Wintoun ; Linlithgow, Hoiyrood 

Roxburgh ; Bishop of Dumblane ; Lord Lome ; Lord Carnegie ; j^Stlry 1629. 
Tracquair ; Secretary ; Clerk Register ; Advocate ; Justice Clerk ; 
Sir John Scot. 

'* Forsameekill as at the lait Justice courts keeped at the burgh of Dum- Act of Council 
bartane thair wes exhibite unto Williame, Erie of Monteith, President ^Son^^he* 
of his Majesteis Counsell and Lord Cheefe Justice of this kingdome, ane ^^th jn 
M. 79, b. depositioun made be Jonnet Boyd, spous to Robert Neill, burges of Dum-«»ntinga 
bartane, in presence of the proveist and bailleis of Dumbartane and the trial of 
ministers thairof and subscry ved with thair hand proporting that the said ihoTtw^^*^' 
Jonnet had freelie and willinglie confest that she had entered in covenant ^^W^4j*^ 
with the devill, that she had receaved his marke, had renunced her 
baptisme and had camall deale with him, and that she had layed on 
sindrie sickenesses and diseases on diverse persouns by the power grantit 
to her by the devill. Upoun consideratioun of which depositiouns the 
said Erie of Menteith, Lord Cheefe Justice of this kingdome, out of his 
trew and worthie respect to justice, grantit a commissioun to the shirefif 
of Dumbartane, the Laird of Foulwod, and to the proveist and bailleis 
of Dumbartane, for putting the said Jonnet to the knowledge of ane 
assyse for the said cryme ; lykeas the Lords of Privie Counsell acknow- 
ledging the honourable and worthie behaviour of the said Erie of Monteith 



4 EEGISTER OF THE COUNCIL. 1629. 

in granting of the said commissioun for punishing of so foule and detest- ^g^^®?"*^ 
able a cryme they be thair act of the penult of October last not onelie 1629- 
ratified and allowed the commissioun foresaid grantit be the said Erie in ° ' ' ' 
the mater foresaid, bot they exped a new commissioun to the persouns 
nominat in the former for putting of the said Jonnet Boyd to her tryell 
and punishment,lykeas accordinglie she underlay her deserved punishment. 
And now the saids Lords understanding that the said Erie of Monteith. 
had nothing before his eyes in this mater bot the respect of justice and 
purging of the land frome suche a mischaunt persoun ; Thairfoir the 
saids Lords finds and declairs that the said Erie of Monteith in granting 
the commissioun foresaid did that whilk became him in honnour and 
justice to doe, and they have of new allowed, ratified and approvin, and 
be the tennour heerof ratifeis, allowes and approves the commissioun 
foresaid grantit be the said Erie with the tryell and executioun following 
thairupoun, togidder with the said former act of Counsell, with all the 
points, clauses and articles conteanit thairin." 
S*BiSu)*°of " "^^^ Lords of Secreit Counsell hes givin and grantit, and be the tennour 
Dunblane and hecrof givcs and grants full power, warrand and commissioun to Adame, 
isobei YouM, Bishop of Dumblane, Sir Thomas Hoip of Craighall, knight baronnet, his 
|f^f^®y°^'®Majesteis Advocat, Sir George Elphinstoun of Blythiswod, knight, Justice 
Edinburgh, for Clerk, Sir Johue Scot of Scottistarvet, Directour of the Chancellarie, and 
M' Alexander Colvill, Justice Deput, or anie two of thame, to examine 
Isobell Young, prissouner in the tolbuith of Edinburgh, upoun the cryme 
of witchecraft objected aganis her, and to report her depositiouns to the 
saids Lords." 
Allowance « The Lords of Secreit Counsell hes modified and allowed, and be ^<>^* ^' *• 

themainten- the tennour heerof modifeis and allowes to Alexander Drummond, 
55exMider prisouucr in the tolbuith of Edinburgh for witchecraft, the sowme of 
Drummoi^.^^^ aucht shillings money, to be payed unto him be his Majesteis Thesaurar, 
Toibooth on Dcputie Thcsaurar, and ressavers of his Majesteis rents, daylie and ilke day 
witchcraft ° for his intcrtcanement and jay lour fee during his remayning within the 
said waird, anent the payment of the whilk sowme the extract of this 
present act togidder with the acquittance of the partie sail be unto his 
Majesteis said Thesaurar, Deputie Thesaurar, and ressavers, ane suflScient 
warrand." 

HoiSrfsth [Sederunt as recorded above, omitting " Carnegie."] Decret*, 

?6w7' m7^anLry 

Compiamtby Complaint by Sir Thomas Hoip of Craighall, King's Advocate, and j,^ 152, b. 
SirThOTaas Jamos MaxwcU, mcsscngcr, as follows: — Notwithstanding the laws pro- 
Advocate, andhibiting the bearing of hagbuts and pistols and convocation of the lieges 
MaxweU, ^ ^^^^ for lawless deeds, when on 22nd November last the said James 
^^nstJames ^^^^^^^ ^^ executing letters of caption at the instance of Mr. John 
Kennedy of Fcrgusoun of Kilkerrane against James Kennedie of Blairquhan, and 
and^there for had passed to Kennedy's dwelling-house in Mayboll with some other 



1629. CHARLES I. 5 

j^*^ gentlemen whom he commanded in his Majesty's name to assist him, he violent resist- 
i627^uiiifti7 ^o sooner entered the house than '' the said James closed his chamber execution of 
PoLiai^b. doore and avowed with manie horrible oathes to shoote the first that^^®^*^* 
preast to come in, and than caused ring the kirk bell and towke thair 
drwm, whilk wes no sooner heard when Alexander Kennedie of Cullene, 
David Kennedie of Grarrihorne, convocat and assembled togidder the 
persouns underwrittin ; they ar to say, Gilbert Baird, sometyme of 
Kilquhinze, Johne M^Calle in Knockla, Johne Cochrane, messinger in 
MayboU, Peter M^'Lurg in Largis, John Dick in the Maynes of Blairquhan, 
^■01 isa *^^^^ Kennedie, tailyeour in Mayboll, Johne M*^Murtney in Bishopland, 
**■ Gilbert M^Kamgeour in Knockskaithe, Gilbert Kennedie in , 

Johne M^lewnand in Benand, Johne M^Keoger in Ballicroyne, John 
Kennedie in Park of Blairquhan, Allane Cathcart in Watersyde, Gilbert 
Greddie in , Henrie Geddie at Kirkmichaell mylne, Mitchell 

M^Clure and Henrie M^Clure in Clongall, Johne Kennedie in Eottin- 
moss, Andrew Kennedie, sei-vitor to the said James Kennedie, James 
Kennedie at Stratoun kirk, Johne Crawfurd, servitour to young 
ArdmiUane, James M^Ilha^ow in Ardmillane, Hew Kennedie of Pin- 
quhirrie, Johne Kennedie, his sone, David Young, merchand in Mayboll, 
Johne Kennedie, tailyeour there, James Campbell, Williame Campbell, 
Thomas M^'Millane and Quintene Kennedie there, with others thair 
freinds and complices " to the number of 300 persons all armed with 
jacks, spears, steelbonnets and other weapons, and the prohibited hagbuts 
and pistols, who '' besett the hous round about and sett a nomber of 
thair servants with bendit hacquebutts at everie comer and window of 
the hous." The complainer when he saw this charged them in his 
Majesty's name to assist him, ** and thereafter desyred thame to use a 
more civill forme and to come twa alone and they should have the said 
James out upoun a reasounable conditioun, whilk they disdanefullie 
refuised, avowing with manie horrible and execrable oathes that when 
they come in it sould be worse for the said compleaner, and that they sould 
cans fourtie knaves lyke himselffe bring him out nill he wald he ; and 
that nather he nor nane of his companie sould come out with thair 
lyflTes." When he reminded them that he was there in the execution of 
his office and that if they offered violence he would complain to the 
Council, they " swoore that he should never see the saids Lords bot that 
they would take ordour with him thameselfifes and than send the shout 
throw the countrie on horsebacke, whilk immediatlie conveened armed 
in maner foresaid and with great forehammers strake at the yett, 
avowing before the compleaner gott the said James they sould all goe to 
the buriall togidder. And for this effect they send up powder and leid 
and ane letter to him be ane string in at the window, whilk so soone as 
he gott, he cutt hoales in the floore thinking to have shott the com- 
pleaner"; and this he would have done if Mr. James Bonnar, minister 
at Maybole, " perceaving his treacherie, had not putt thame out of the 



6 EEGISTER OF THE COUNCIL. 1629. 

hall, and than they who wer without stoode with thair bendit haoque- Decreta, 
butts in thair hands, crying in to the minister to come frome thame that]627-Janaar7 
they might shoote, sua that they durst not come neere the window with- J^ ^gg^ y^ 
out great hazard of thair lyffes, till in end the said compleaner brake his 
wand and tooke witnes thairof, and wes forced to intreate the minister 
and Fergus Kennedie of Knockdaw to deale with thame that he and his 
companie might depairt saulffe away, whilk at thair request hot after 
long refuisall they grantit. Neverthelesse one of the said David 
Kennedie of Garrihorne his footemen, of his speciall causing and com- 
mand, followed the said compleaner with a bendit hacquebut in his hand 
and after him three or foure score of lawlesse rascallis of purpose to have 
shott him, whilk they had not failed to have done if they had not been 
hindered be some gentlemen who for the respect they caried to his 
Majesteis auctoritie conductit the said compleaner and his companie 
saulflFe away." These persons foresaid daily wear firearms in their going 
up and down the country for purposes of private revenge. Charge foL 164, a. 
having been given to them to compear, and the pursuers compearing, 
likewise of the defenders Alexander Kennedie of Culzeane, David 
Kennedie of Garrihorne, and John Cochrane, and certain witnesses 
having been heard, the Lords find that the said James Kennedie of 
Blairquhan, John Cochrane, Gilbert Baird, Andrew Kennedie and John 
Kennedie, tailor, bore hagbuts, and ordain John Cochrane to be warded 
in the tolbooth of Edinburgh until rele^ed by them, and the others, 
viz., the Laird of Blairquhan, Gilbert Baird, Andrew and John Kennedie, 
are ordained to be charged to enter the same ward within six days, and 
if they disobey, they are to be denounced. Alexander Kennedie of 
Culzeane and David Kennedie of Garrihorne are assoilzied, as the wit- Foi. IM, b. 
nesses failed to prove any part of the complaint against them, and the 
remaining defenders who did not compear are ordered to be denounced 
and escheat. Further the Lords ordain the said Lairds of Culzeane and 
Garrihorne on the one part and Mr. John Fergussoun of Kilkerrane and 
James Eos, " parteis assisting this complfidnt," on the other part, to find 
law-surety the one to the other acted in the books of Secret Coimcil, 
James Eos in 1000 merks and each of the others in 3000 merks. 
^u^^S of ^® Lords, with consent of Eagwell Bennet of Chesters, appoint the 
Bonjedburgh Laird of Bonjedburgh and Sir James Ker of Crailling to hear and deter- 
KerofCraiiinginine upon the difiFerences between Bennet and Barbara Buckholme, wife 
^P^n^T'""^ of Thomas Browne, and William Eutherfurde, her son, in reference to aFoi. 155, a. 
difforencos decree of removing from the lands of Eyknow and Abbotismedow, recovered 
Rag^eU against them by the said Eagwell Bennet, and any other difiFerences — 

SeTte^^* ^he said Eagwell obliging himself to abide by their decision. The 
^^™^^*^^- arbitrators are to report to the Council on I7th February next the 
Thomas grouuds and causes of their variance that the Lords may then determine 

William therein ; but this submission is not to be obligatory on Bennet unless 

he^r'^o^^^* the other parties also consent. The Earl of Eoxburgh, being present. 



1629. CHARLES I. 7 

\**^*w promised to inform the Council " this day fourtein dayes " what the 

i627-J»niiary parties intend to do and " who will undertake for thame." 

Fu'i55,a, Petition by Sir George Ogilvie of Bamflf, as follows: — ^J^^^^^gir 

direction from his Majesty their Lordships had summoned him to George Ogiiyy 
compear before them on 15 th instant with such witnesses and evidence appe^'y,efore 
as will elucidate the circumstances of the slaughter of James Ogilvie of ^^® Council. 
Podula. He has come to this burgh prepared as said is, but "his 
partie " intending to frustrate the same is about to execute against him 
" some privat homing and captioun " imder which he lies for some 
cautionries undertaken by him, and craves their Lordships' warrant for 
his protection. This they grant until 22nd January instant. 

KS^*** " The mater of the coyne continewit to Thurisday and the pairtyis Anent the 

Foi. 107, a. wamit apud acta to attend." ''°*''*^' 

"The mater anent the victuall continewit to Thurisday and theAnentthe 

,..,,, yiotual ftoii 

burrowis wanut to attend. the Burgha 

"The Lordis continewis the ansuering of the Burrowis petitioun ][^^^ *** 
towcheing the restreaning of the unlaughfull trade of strangearis in the Anent the 
His of this kingdome untill the 20 of this instant, and ordanis ^^^^^^^^^ 
petitioun to be delyverit to his Majesteis Advocat that in the mean- ing the illegal 
tyme he may considder the equitie thairof and to examine the Actis of foreipen in 
Parliament with the warrands thairof and to reporte his opinioun ^^^^ °^ 
thairanent to the Counsell the day foirsaid." 

"The Lordis ordanis the Act and proclamatioun direct furth in The Earl of 
favouris of the Earle of Mortonis regiment, beareing everie souldiour to regiment. 
haiflF viij s. per diem in allowance, to be renewit in that point and 
to beare vj s. allanerlie." 

" The Lordis with consent of Eaguell Bennett of Chesters nominatis oJI^J^i^g^t 
and appointis the Laird of Bonjedburgh and Sir James Ker of Craling the differences 
to be arbitouris for heiring and determining of the diflFerenceis betuix lUgweU 
the said Eaguell and Barbara Bukholme, spous to Thomas Broun, a^d j^^^'^^^j^ 
Foi. 107, b. Williame Rutherfurde, hir sone, anent the decreit of removing recoverit holme, spouse 
be the said Eaguell aganis thame for removeing f ra the landis of Eyknow Brown, and 
and Abbotismedow and for determining in all otheris actionis andj^j^rfopd 
caussis criminall and civile standing betuix the saidis pairtyis, to whose her son. 
decreit and sentence to be gevin and pronunceit in the premissis the^®^*'*^'^'^' 
said Eaguell submittis himself and oblissis him to stand and abyde 
thairat but appellatioun. And yf the arbitouris can not aggree 
and sattle thir differenceis, ordanis thame to reporte to the Counsell 
upoun the xvij day of Februair nixt to come with continewatioun of 
dayis the ground and caussis of thair variance to the intent the 
saidis Lordis may determine thairin as thay sail think goode : and 
that thir presentis be no way obligatorie a^aiiis the said Eaguell unles 
the said Barbara, hir husband, and sone, consent to this present Act 
and submissioun in forme and maner as the said Eaguell hes con- 
sentit. And the Earle of Eoxburgh being personalie [present] promeist 



REGISTER OF THE COUNCIL. 



1629. 



Holyrood 
Housei 15th 
January 1629. 



to acquent the Gounsall quhat the saidis personis will do thairin and s«def ints, 
who will undertak for thame this day fourtene dayis." foI. io7, b. 

Sederunt — ^Treasurer ; Monteith, praeses ; Privy Seal; Wyutoun ; ^^^^™*^ 
Linlithgow ; Perth ; Eoxburgh ; Lauderdaill ; Bishop of Dum- 1629. 
blane ; Carnegie ; Tracquair ; Sir Archibald Acheson, Secretary ; ' ' ** 
Clerk of Eegister ; Advocate ; Justice Clerk ; Sir John Scot. 



Anent the " The whilk day the generall with some of the ofiBciars of the Cunziehous 

circulation of .^ o ^^ n ^ 

foreign dollars, compeiring before the Lords of Secreit Counsell, on the ane pairt, and 
Johne Sinclare, baillie, Williame Dick, David M^^Call, George Suttie, 
James Murrey, David Jonkene, Alexander Monteith, and Johne 
Fleeming, merchants, burgesses of Edinburgh, on the other pairt, and 
the Lords having at lenth conferred with thame anent the forraine 
coyne and what speces of doUours ar fittest and may with least losse 
have course in the countrie, it wes found by thair overtour and 
advice that the Eex and Lyoun dollours wer fittest to be allowed 
and to have course and passage in the countrie. And tuicheing the 
other dollours the Lords ordanis the officiars of the Cunziehous and 
the merchants to meete in the Cunziehous and to conferre and advise 
upoun the best and readiest way how with least losse the saids other 
dollours may be dischargit to have course ather by imbringing thame 
to the Cunziehous or by carying thame backe frome whence they 
come and to advise how the forder course and imbringing of forraine 
dollours may be restrayned, and that they report thair opinioun thair- 
anent to the Counsell upoun Tuisday nixt." 



Holyrood 
House, 16th 
January 1629. 
Escheat of 
Robert Dick 
in St. Andrews 
for spoiling 
the house of 
Alexander 
Matheson in 
Kilconquar. 



[Sederunt as recorded above.] 



Decreta, 

November 

1627-Januarv 

1630. 

Fol. 155, b. 



Decree against 
James 

Simpson, son 
of Alexander 
Simpson, late 
postmaster of 
Haddington, 
who has 
wrongfully 
obtained from 



Complaint by Alexander Mathesoun in Kilconquhar as follows : — On 
September last he and his whole family were shearing his com in the 
fields when Kobert Dick in St. Andrewes, and William Scrimgeour there, 
knowing this and taking advantage thereof, went to his dwelling-house 
in Kilconquhar armed with swords, staves and other weapons, and after 
breaking up the doors " with great trees " they " spoyled and abused his 
insicht and plenishing," and carried away the greatest part thereof. 
Charge having been given to the said Kobert Dick, and the pursuer 
compearing but not the defender, the Lords ordain him to be denounced Fol. 156, a. 
and escheat. 

Complaint by Sir William Seatoun, knight, " generall postmaister to his 
Majestic throughout this haill kingdome," as follows : — It pleased the 
King and his late father to appoint the complainer to the above office 
with commission to appoint postmasters under him in all necessary places, 
as his patent " cled with ane uninterrupted possessioun," shows. Now 
the late Alexander Simsoun, postmaster of Hadingtoun, having, '' be reasoun 



1629. CHARLES I. 9 

D«wt«* of his age and others infirmiteis incident to age," become unable adequately h.\a Majosty 

1627-January to discharge the duties, the complainer "in honnour and conscience his late father. 

Fd?'i56, a. being loath to prejudge the old man during his tyme in anie thing that wes 
dew to the service, he wes content to oversee James Simsoun, his sone, 
and allowed him to supplee his fathers infirmiteis and weakenesse in 
that service " on the special condition and promise that he would arrogate 
no further right to that oflBce than the complainer should confer upon 
him. But he is informed that the said James Simsoun, circumventing the 
complainer, has by sinister information purchased a gift of the said 
ofiBce from the King, which has been exped through the privy seal, 
alleging that he had the complainer's consent. He is sure that if the 
King had been truly informed " he would never have layed that 

Foi. 156, b, unthankefull persoun in a ballance with the compleaner, nor established 
in his persoun anie right prejudiciall unto him.*' He therefore craves the 
annulling of the said gift. Charge having been given to the said James 
Simsoun, and the pursuer compearing and producing his gift of the said 
office under the great seal, dated at Edinburgh 2nd May 1616, and the 
defender also compearing, and producing his gift from the King of the 
said office dated at Theobalds 21st July 1626, the Lords find that the 
gift to the said James Simsoun has been " wrongouslie and surrep- 

FoL 157, a, titiouslic puTchast " as above complained of, and declare the same null 
and void. 

Complaint by Sir Thomas Hoip of Craighall, knight baronet. King's ^^^pJ^^^J ^y 
Advocate, Alexander Kennedie of Culzeane, and David Kennedie, his Kennedy of 
brother, as follows : — Though the bearing of hagbuts and pistols is Da^"* ^ 
strictly forbidden, yet Mr. John Fergussoun of Kilkerrane, Francis Mure, bro^^w^' ^*^ 
his son-in-law, Gilbert Moraine, his servitor, James Maxwell, messenger, gainst John 
John Fei^ussoun, servitor to the Laird of Craigdarroch, James Eos, Kinferran ami 
clerk depute of Carrick, and John M^Eaith, out of a deadly hatred ^tj^'^jy^ 
against the complainers, have long sought their lives, and from at least entenng^heir 
May to December last have gone about armed with hagbuts and pistols threatening 
for this purpose. On 22 nd Noveml)er last they came to the town of 
May bole armed with swords, staves and other weapons, and the forbidden 
hagbuts and pistols, " possest thameselffes be force and violence within 
the dwelling hous of the Laird of Blairquhan " there, pretending they 
had letters of caption against him, and seeing the complainers upon the 
streets, they " after ane insolent and braggii^ maner presented thair 
hacquebutts and pistolets to thame, threatning to shoote thame thair- 
with." The said Alexander Kennedie, having declared to them he was 
a justice of the peace and offered as such to assist if the said James 
Maxwell would show his warrant, and the said James Maxwell having 
declared that he had no warrant, the said John Fergussoun, in contempt 
of his said office, " presented ane bendit pistolet out of the window at 
him of intentioun to have shott him." Further, on December there- 
after they came to the Mylnetoun of Culzeane armed as before and lay 



10 



REGISTER OF THE COUNCIL. 



1629. 



Counter- 
complaint by 
James Ron, 
clerk to the 
baUieof 
Garrick, 
affainst 
Alexander 
Kennedy of 
Culzeanfor 
threatened 
assault. 



Saltpetre. 

Anent the 
price of 
victual. 



in wait for a long time for him to have taken his life. Charge having Occreta, 
been given to the said persons and both pursuers and defenders compearing, ie27-January 
and witnesses heard against the said Mr. John Fergussoun, the Lords p^'157^ .. 
assoilzie him, because he had already been cited before them and fined for 
this o£fence. They also assoilzie the remaining defenders, because, proof 
being referred to their oaths of verity, they all denied, Gilbert M^Grayne Foi. 158, a, 
saying he had only his master's pistol at the time libelled, and Francis 
Mure stating he only bore them in Kilkerran's bounds and service. 
James Bos, however, having admitted that some days after the affair in 
Maybole he had carried "gwnes" is ordained to ward in the burgh of 
Edinburgh till he agree with the Treasurer and take his remission. 

Counter complaint by Sir Thomas Hoip of Craighall, King's Advocate, 
and James Eos, clerk of the bailie of Carrick, as follows : — Though the 
wearing of hagbuts and pistols is strictly prohibited, yet on February 

1627, when the complainer was in a fenced court in the Consistorie of 
Croceraguell employed in his calling, Alexander Kennedie of Culzeane, 
out of his malice and hatred £^ainst him, came with David Kennedie, his 
brother, John Crawfurd,his servant, and others armed with swords, hagbuts, 
pistols and other weapons, and without respect to the court of judgment 
or the bailie sitting there, upbraided the complainer, calling him "false 
double knave" and "avowing if he had gottin a grippe of him at that 
tyme when (as he alledgit) the compleaner rave a precept direct be him, 
that he sould have riven the hyde over his face, and that he knew not 
what held his hands bot that he cutted the nose aff his face." Being 
prevented by some persons at that time from any violence, but still 
continuing in "his bloodie resolutioun," on August last, understanding Foi. I68, b. 

that the complainer would be at a tryst at the kirk of Cammannell, they 
went. there for the execution of their purpose, but the complainer, getting 
word of their intention, did not go. And recently, on 1st January instant, 
understanding that the complainer was in Maybole, the said Alexander 
Kennedy came thither with his servant, Eamsay, carrying a 

musket, intending to shoot him therewith, and sought for him for that 
end. And the said persons continually carry firearms for his molestation, 
"sending diverse fearefull bodwords [threats] unto him." Charge having 
been given to Alexander and David Kennedie and John Crawforde, and 
the pursuer and the two Kennedys compearing, and probation being 
referred to the defenders' oaths, they denied, whereupon the Lords 
assoilzie them. 

" The mater anent the saltpeier continewit till Twisday nixt. " Sedenmts^ 

"Missives to be direct to the shireffis and justiceis of peace for FoL 107, b. 
informeing thame selffis of the prices of victuall within thair boundis and 
to reporte quhat thay learne thairanent, and to reporte upoun the xvij 
of Februair nixt to the intent suche a course may be resolved upoun for 
restreaning the exportatioun of victuall as the estate of the cuntrie salbe 
found to require. " 



1629, CHAELES L 11 

loyal Utters, " After OUT verfe heartilie commendatiouns. Whereas at a meeting of 1°^^^,,^ 

«23^ ,,.,.. ^ ,,1 . . - , 1, 1 Houae, 17th 

Toi i50,a. the nobmtie, (Jounsell, and some commissioners for the small barouns January 1629. 
and burrowes, in the moneth of Apryle 1626, it wes agreed that the |^*^^g*^»^°"*^ 
exportatioun of victuall sould be permitted till the pryces thairof come juaticea of 
to the Bowmes following; to witt, the boll of wheit, fourtein merkes; the the oxporta- 
boll of beir, ellevin merkes; and meale and aitts, aucht merkes, and ^^'^ ° ^°*"*^" 
that after that tyme thair sould be no exportatioun at all ; and now the 
commissioners for the burrowes aUedging that the pryces of the victuall 
foresaid ar rissin abone the sowmes allowed for the exportatioun, they 
have thairfoir craved that thair may be a restraint of forder exportatioun 
of the same ; and the Counsell being loath to proceid rashlie in a mater 
of that kynde till they be trewlie informed how the pryces of the said 
victuall rules in suche parts of the countrie whair the exportatioun is 
most usuall, these ar thairfoir to requeist and desire yow to informe your 
selflFe trewlie and sufficientlie of the pryces of the said victuall within 
the bounds whair yow beare office fimd send in a formall report thairof 
to his Majesteis Counsell upoun the sevintein day of Februar nixt to the 
intent that ordour may be tane for the restraint accordinglie; and so we 
committ yow to God. Frome Halyruidhous the xvij day of Januar 1629. 
SubscrHntur, Mar, Monteith, Hadintoun, Mairshall, Arch. Achesoun, 
Hamiltoun, S' Thomas Hoip, Scottistarvett. " 

^^d"**^ /SMfentTi/ — Treasurer; S* Andrewes; Monteith, praeses; Hadintoun, g^Jyj^^j^ 

«29- Privy Seal ; Mairshall ; Wyntoun ; Lauderdaill ; Bishop of Dun- January 1629. 

keld ; Bishop of Dumblane ; Carnegie ; Sir Archibald Acheson, 
Secretary ; Clerk of Eegister ; Advocate ; Justice Clerk ; Sir 
John Scot 

" The Lords of Secreit Counsell continewes the mater of the coyne till^nentUio 
'oi. 80, b. Thnrisday nixt, and ordanis the officiars of the Cunziehous and the foreign coins. 
merchants to meete in the Cunziehous and to conferre and reasoun ^®*'*"^»p-®- 
among thameselffes what speces of forraine dollours sail be allowed to 
have course and at what pryce, and how they sail be knowin and 
decerned be the lieges, what dollours saU be decryed, and how with the 
least losse to the subjects they may be takin aff thair hands ; and for 
this effect that they advise how some merchants may be moved to 
undertake the exchange thairof at a reasounable pryce, and that they 
sett doun thair opinioun in writt and report the same to the saids Lords 
the day foresaid." 

" The Lords of Secreit Counsell ordanis the proveist and bailleis of ^^^'^ Balfour. 
Edinburgh to continew the executioun of Johne Balfoure till the other 
twa be first execute, and that they be interrogat and particularlie ques- 
tiouned at the place and tyme of thair executioun anent the guiltinesse 
or innocencie of the said Johne Balfoure, and to report thair deposi- 



12 REGISTER OF THE COUNCIL. 1629. 

tiouiis to the saidis Lords, to the intent they may give suche ordour^^Fej>ro«j 

concerning the said Balfoure as they sail find his behaviour to deserve/' ie29. ^ 

Anent those " The Lords of Secreit Counsell thinkes fitt and advises Sir Thomas ^^^' ^' ^' 

refused to sign Hoip of Craighall, knight baronnet, his Majesteis Advocat, to forbeare 

^^® ^"*^"*""^'* all proceeding aganis these that hes refuised to subscryve the submis- 

sioun and whois names ar givin up in roll till the whole nomber of the 

refuisears be discovered and knowin, and thair names reported." 

S'^ftted^to " ^^^ -^^^® °^ Secreit Counsell ordanis Robert Irwing of Fedderat to 

ward. be committit to waird within the tolbuith of Edinburgh for the indiscreit 

speeches uttered be him in the Counselhous to Alexander Keith of 

Balmure in saying to him That if he had beene present when the mylne 

wes brokin Alexander durst not have done it for his lugges." 

Hoiyrood [Sederunt as recorded above.] S®*^'^^' 

House, 20th •- ■* November 

January 1629. 1627-Janua;y 

s^°^^M^ Complaint by Sir Thomas Hoip of Craighall, King's Advocate, and pof 159, a, 

Hope, King's the provost, bailies and council of Dumfries, as follows : — In contraven- 

theprovcit*'* tion of the laws against bearing hagbuts and pistols, when Edward 

oo^dl of ^ Maxwell of Corswadie, William Sinclare there, John AUane in Lowstoun 

Dumfries, and Patrick Mitchelsoun there, were taken by virtue of a caption at 

Lord HerriesI the instance of William, Viscount of Drumlanrig, and warded in the 

o?i?enies,*^'^ pledge chamber of the said burgh, John, Lord Hereis, and John, Master 

and others Qf Hercis, his SOU, annoyed at this, and resolved to procure their liberty, 

attemptiDg'to after Several conferences as to the method of doing so, sent William 

MajtweiTand Hendcrsoun, servitor to Robert Maxwell of Orchartoun, " who under 

^efr'wwTin P^®^^^ ^^^ cuUour of frciudship unto the wairdours sould crave accesse 

the pledge- uuto thame to conferre and drinke with thame, and that the said 

said burgh. Williamc sould len one of thame ane whingear, who at the opening of 

the yett of the said compleaners jayle, sould stryke the jaylour and so 

give way to the wairdours and escape"; and to assist their escape when 

they came to the street, they appointed James, William, and Alexander 

Maxwell, sons of Lord Hereis, John Broun of Molans, Andrew M^Gowane, 

James Jardane, and William Cowtterd, servitors to the Master of Hereis, 

John Maxwell called of Corswadie, Alexander Murray, younger of^oi-i^^.^- 

Imandie, James Johnestoun called of Lamek, brother-in-law to Lord 

Hereis, the said William Hendersoun, William Thomesoun called of the 

Mylne, Thomas Thomesoun, James Millar, and others, to go to Dumfries, 

armed with swords and pistols, on 17 th September last, being the fair 

day, and chosen by them because the town's folk would be busy in the 

market, and lie in wait for the issue of William Henderson's errand. At 

their coming " they derned thameselffes in commodious parts ewest to 

the pledge chamber, and send the said Williame to the compleaners 

waird, who being admitted be. the jaylour to the presence of the saids 

rebellis and having remained with thame some certane space, he 

accordinglie (as it wes formerlie plotted among thame) delyvered to 



1629. CHARLES I. 13 

the said Williame Sinclare ane great one edged whingear, bidding 
him follow him at the backe to the doore when he come out, and 
at the opening of the doore to make way to Corswadie and the 
rest to escape. Quhilk being undertane be the prisouners the 
said Williame Hendersoun callit for the jaylour to lett him 
furth, and how soone he opened th,e doore unto him, the said 
Williame following the jaylour at the backe, the said Williame Sinclare 
having the whingear in his hand, gave the jaylour ane deidlie straike 
thairwith over the said Williame Hendersouns backe, and with that all 
the rebellis preast to the doore and come out. And the saids bailleis 
being accidentallie upoun the streit for the tyme and perceiving this 
disordourlie insolence, they addressed thameselffes to the waird and 
opposed aganis the escaiping of the saids rebellis, and forced the said 
Edward Maxwell backe againe to his waird, whereupoun the persouns 
particularlie abonewrittin, who wer lying derned under staires, rushed 
out upoun thame and with bendit pistolets and drawin swords invaidit 
and persewed the saids bailleis of thair lyffes, hurt and woundit Thomas 
and James Maxwellis, bailleis, Williame Cuninghame, clerk, M' Francis 
Irwing and James Weir, merchants, Thomas Kirkpatrik and Williame 
Carrudhous, merchants, Eobert MuUikin, Rodger Kirkpatrik, Robert 
Neilsoun, Thomas Johnestoun and John Wright, burgesses of Dumfreis, 
in diverse pairts of thair bodies, to the e£fusioun of thair blood and 
perrell of thair lyfifes, and hes mutilat the said James Maxwell in his 
hand ; and in this disordourlie tumult the saids Williame Sinclare, Patrik 
Mitchelsoun and John Allane escaped furth of prisoun, and being 
quickelie persewed be some of the nighbours of the toun, the saids 
Williame Sinclair and Johne Allane wer taikin, and Patrik Mitchelsoun 
escaiped. And in this meane tyme the said Maister of Hereis accom- 
panied with a nomber of his freinds and servants lay at await at a 
banke within the liberteis of the said burgh readie to have ressaved the 
saids rebellis if they could have beene gottin out of the toun ; and 
becaus thair purpose misgave thame they have conceaved ane deidlie 
haitrent and malice aganis the inhabitants of the said toun, sua that nane 
darre repaire furth thairof in a quyet and peaceable maner for doing of 
thair lawfull efifaires for feare of thair lyffes.'' Charge having been 
given to the said Lord and Master of Hereis, William, James, and 
Alexander Maxwell, John Maxwell called of Corswadie, James Jardane, 
James Johnestoun, Alexander Murray, William Hendersoun, William 
Thomsoun, James Millar, William Cowtterd, John Broun and Andrew 
M*<jowane, and the pursuers compearing by John Raynie, provost, 
Thomas Maxwell, bailie, James Maxwell and John Irwing, late bailies, 
Mr. Thomas Ramsay, minister, and John Lacorce, deacon convener of 
!«>» ^ the said burgh, but the defenders not compearing ; and the evidence of 
witnesses having been heard, the Lords find the complaint " quantum ad 
vict&riam causce" sufficiently proved against William and James Max- 



14 



REGISTER OF THE COUNCIL. 



1629. 



Charge for 
the apprehen- 
sion of 
Archibald 
Wood of 
Hilton on the 
complaint of 
Mr. Alexander 
Livingstone, 



Protection 
nanted to 
Patrick Grant 
and others in 
order that they 
may appear 
before the 
Council in con- 
nection with 
the fight 
between 
Ballindalloch 
and Carron. 
See Index to 
Vol. II. 



Complaint by 
Kobert Irwing 
of Fedderat 
against Alex- 
ander Keith of 
Balmure and 
Margaret Hay, 
spouse to 
Geoi^e 
Crawford of 



well, John Maxwell, James Jardane and James Johnstone, and decern ij«sret», i 
and ordain them to be charged to enter in ward in the tolbooth of ie27-Janusj7 
Edinburgh within six days, and if they disobey, to be denounced rebels, p^'ieo, b. 
The Lords excuse the absence of Lord Hereis, a certificate having been 
produced signed by Mr Patrick Adamesoun, minister at Buittill, of his 
inability to travel in respect of a heavy and dangerous disease under 
which he has been for the last ten weeks. They also excuse the absence 
of the Master of Hereis, because being out of the country he had not 
been lawfully summoned ; and they ordain Alexander Maxwell, Alexander 
Murrey, William Hendersoun, William Thomsoun, James Millar, William 
Cowtterd, John Browne and Andrew M^Gowane to be denounced rebels Foi. lei, a. 
for not compearing. 

Complaint by Mr. Alexander Livingstoun as follows : — On 4th 
February 1624 Archibald Wod of Hiltoun was put to the horn at the 
instance of William Dick, merchant burgess of Edinburgh, for non-payment 
of the sums of 1000 merks, and 600 merks, and interest and expenses in 
which he was indebted by bond ; also on 24th March following for not pay- 
ing to John Rind, merchant burgess of Edinburgh, £116 1 7s. and expenses 
due by bond; and again on 19th July 1626 for not paying to Thomas 
Fothringhame in Bonytoun 1000 merks and expenses due by bond, and 
to all these debts the complainer has right by assignations. The said 
Archibald Wod is regardless of these hornings, and complainer seeks 
caption against him. Charge having been given to the said Archibald ^**^- ^*^» **• 
Wood, and the pursuer compearing but not the defender, the Lords ordain 
charge to be given to the SheriflF of Forfar to search for, apprehend and 
imprison the defender, take his houses and inventory his goods for the 
King 8 use within three days under pain of horning. 

Petition by Patrick Grant, brother german to John Grant, apparent 
of Ballindallache, William Grant of Cardellis, James M^Intoshe of Doun, 
Adam Leslie, and John Mantache, as follows : — In obedience to their 
Lordships' charge they have come to Edinburgh and brought witnesses 
" for cleering of the forme and circumstances of the lait fight betuix 
Ballindallache and Carroun and what wes thair awin cariage and 
behaviour thairin." They are, however, unable to compear on account 
of some civil homings, and crave their Lordships' protection. This the ^®^- ^^ •■ 
Lords accordingly grant till 4th February at night, John Grant, 
apparent of Ballindallache, becoming cautioner for their compearance, 
viz., in 1000 merks each for the said Patrick and William Grant, and in 
500 merks for each of the other two. 

Complaint by Eobert Irwing of Fedderat, heretable proprietor of the 
mill of Aquathe, as follows : — Alexander Keith of Bjdmure, and 
Margaret Hay, spouse to George Crawford of Annachie, having long 
entertertained a deadly hatred against the complainer, at last hounded 
out John Pantoun of Randibure, who on September last came to 

the mill, under cloud and silence of night, when the complainer's millers 



1629. CHAELES I. 15 

Decreta, and Other attendants there were taking their rest, and with axes and Annachie for 

i^^aDoaiy Other instruments '' hewed doun to the ground the spouttes of the com- dami^e to be 
F^*i«2, a. pleaners said mylne," and then entering the mill, broke and destroyed the ^^^ *° **" 

remaining parts of it, and so has rendered his mill unprofitable. Charge 
Foi. 102, b. having been given to the parties named, and the pursuer compearing, 
and the said Alexander Keith also compearing for himself and the other 
defenders, the latter alleged that the said mill was his property, and that 
he was heritably infeft therein, so that " giving and not granting that he 
caused brake her " he could not be summoned for so doing by the pursuer. 
The Lords continue the case till the question of their respective titles to 
the mill be first dealt with by the judge ordinary, to whose decision they 
remit the same. 
f?55o****^ Commission under the Signet to George, Marquis of Huntlie, James, Hoiyrood 
Foi. ise, a. Earl of Buchan, Sir Eobert Gordoun, Tutor of Sutherland, Sir Alexander January ie29. 
Gordoun, Sheriff of Sutherland, John Forbes of Pitsligo, John Forbes of ^'"^^i^" 
By the, Sir James Gordoun of Lesmoir, elder, knight- baronet, William George, 
Seatoun of Meldrum, Gilbert Meinzeis of Pitfoddells, Sir John LesUe of nSntiyl'and 
Wardes, knight-baronet, William Leslie of Ryhill, John Leslie, elder and ^^^i^^d 
younger of Pitcaple, Sir George Ogilvie of Camowssie, knight-baronet, ^i^am 
Sir George Ogilvie of Bamfif, knight-baronet, John Ogilvie of Birnes,Rothiemayand 
William Seatoun, elder and younger of Udny, Alexander Seatoun, elder ^J^^^Sr?.^"^ ** 
of Pitmedden, John Seatoun, younger thereof, John Leslie of Bolquhane, 
and William Forbes of Tolquhon, jointly and severally, to convocate the 
li^es in arms and search for, apprehend and present before the Council 
for their delivery before the Justice and his deputes, William Gordoun 
of Rothiemay, John Gordoun, apparent thereof, John Inneis of Crombie, 
John Young and Alexander Inneis, his servitors, and Eobert Bruce of 
Inchecorsie, who were put to the horn on 5 th December last at the 
instance of Robert Crichtoun of Cowland, domestic servitor to James 
Crichtoun of Frendraucht, for failing to find caution to underlie the law 
for pursuing him with hagbuts and pistols and wounding him therewith. 
Power of fire and sword is given, with clause of indemnity. Signed by 
Monteith, Hadintoun, Marshall, Wintoun, Seafort, Lauderdaill, Hamiltoun, 
and S' Thomas Hoip. 
F6L 187, a. Commission under the Signet to the Sherifif of Bervick, Sir John ^/*™i?^"^'^ *° v 

Home of Blacader, and Patrick Home of West Restoun, or any two of Berwick and 
them, as justices, to hold courts and try Marion Hardie, spouse to John SSrf^nHaSiie 
Trinche in Haymouth, who has been long suspected of witchcraft. Signed 'o'' witchcraft. 
as above. 

" The lyke commissioun gran tit axranis Ames Wallace in Aittoun to The same . 

.1 .. » -11..,. -, ». 1 1 3 A commission for v 

the commissioners foresaids of the tennour dait and subscryved t^ the trial of 

SUprar AgnesWallace. 

Commission to Colin, Earl of Seafort, and Mr. Alexander M^Keinzie CoinmiBaion to 
of Culcowie, jointly and severally, as justices, to hold courts and trygeaforth,and 
Katharine Nein Rob Aunchtie in , Marie Nein Eane Eir a^«M JJ^^^^^er 



v/ 



16 REGISTER OF THE COUNCIL. 1629. 

SyKTthai^e M^Intoshe, Katharine Mempheraoun alias Naunnchie, and Gradoche CommiiffloM, 

Nein Rob Neinechat within the diocese of Ros, who have been long suspected of foI. 187, a. 

otSers for*" Witchcraft. Signed as above, with the exception of " Seafort." 

witchcraft. Commission under the Signet to the provost and bailies of Hadintoun, Foi. 187 K 

^™ rovMt *° ^^ Robert Hepburn of Aulderstoun, and Patrick Abernethie of Netter- 

and bidiies of dene, or any two of them, the said provost or one of the bailies being 

and others to One, as justiccs, to try Sara Keyth, spouse to in Wyntoun, and 

Si BeLif *^^ Bessie Make in Saltoun, who have been long suspected of witchcraft. 

Make for Signed as above. 

" The Lordis thinkis meete that his Majestie salbe petitioned for a ?S^®™?**' 

The ooininir of , ,, „ 1625-29. 

copper money, warrand to co3me some small copper money. Foi. los, b. 

The protection " The Lordis prorogatis the protectioun grantit to the Laird of Banff 
dP^t^eUirdof ^j^ Wedinsday come aucht dayis." 

Hoiyrood Sederunt — Mar, Treasurer ; Monteith, praeses ; Privy Seal ; ^^_j®j'"'°*^' 

ja^SS-y 1629. Mairshall ; Wyntoun ; Linlithgow ; Perth ; Roxburgh ; 1629. 

Bugcleugh ; Seafort ; Bishop of Dunkeld ; Bishop of Dum- ^ " * ' 
blane ; Secretary ; Advocate ; Justice Clerk ; Sir John Scot. 

Anent the « The Lords of Sccrcit Counsell ordanis the officiars of the Cunziehous 

foreign dSiara. and the merchant traders who compeirit . the last Counsell day to be 

See an<e, p. 11. charged to convccne in the Cunziehous upoun Mononday nixt at nyne of 

the clocke in the morning and thair to conferre, reasoun, and advise 

upoun the best and readiest way how the promiscuous course of dollours 

may be restrayned with least prejudice unto the lieges, and that they 

answere the former commissioun granted unto thame in everie point and 

article thairof and sett doun thair opiniouns in writt under thair hands 

according to thair knowledge and conscience, and if they differ in Foi. si, a. 

opinioun that they sett doun the same apart under thair hands with 

thair reasouns enforceing the same and that they report the same to the 

Counsell upoun Tuisday nixt, and ordanis Johne Sinclar, baillie, to 

moderat and preside at this meeting." 

Wwrantfor u rpj^^ whilk day Johne Sinclare, baillie of Edinburgh, reported to the 

execution of Lords of Sccrcit Counsell that according to thair directioun, he having 

who'had Uen cxamiuat and caused interrogat Learmonth and Millar at the tyme and 

tSiSg^partin P^^® ^^ ^^^^^ exccutioun tuicheing the behaviour and cariage of Johne 

the robbery oi Balfourc in the robbing of Niniane Halyday within the burgh of Edin- 

HaUday. burgh, they declared upoun thair conscience and as they would answere 

to God in the day of judgement that Balfoure wes not accessorie nor 

upoun the knowledge of the robbing of the honest man, and that he wes 

not ane actour nor had no pairt thairin bot that he wes accidentallie in 

thair companie the tyme of the committing of the fact, they having 

invited him to drinke with thame without acquainting him with thair 

intentioun. With the whilk report and declaratioun the saids Lords 



1629. CHAELES I. 17 

Acta F«fanary being adviscd, they ordaine the provest and bailleis of Edinbuigh to con- 
\6>». ^ tinew the executioan of the said Balfoure till his Majestie be consulted 
^'^'^•^ thairanent." 

D«^^ [Sederunt as recorded above.] . lolS^d 

1627-January January 1629. 

FT'i62,b. Petition by Donald Urquhart in Dalnepoyt, William M^'Conoche VoirP~^^°^ 
there, John M*^Ferquhar there, William M^'Thomas V^Williame in Abir- Donald 
nethie, Alaster MThomas V^Williame there, John M^Thomas V^Williame nSiepoyt^and 
there, William M^CaUigow there, Patrick Duncane there, Alexander Smith ^^^^^^^^^ 
there, William M^Williame V<^Eane Vane there, Patrick Grant in Little the Council 
Inderchebet, Ferquhar M^Inriache in Bellintrowane, and Thomas Grant fight between 
in Brechhill, as follows : — They have been charged to compear before aTuindaJoch 
their Lordships on 27 th instant " to beare witnes what they know anent**^^ Carron. 
the lait fight betuix the Lairds of Ballindallache and Carroun." They 
are ready to do so, but cannot attend in safety on account of some 
homings under which they lie, and they therefore crave their Lordships* 

F0LI68, a. protection. This the Lords grant until 3rd February next at night, 
John Dunbreck of Urtane becoming cautioner in 300 merks for each of 
the petitioners that they will compear the said day. 

Robert, Earl of Eoxbui^h, compeuring personally, produced a letter ^•'J^^^ 
written to him by William Ker, brother to Sir Robert Ker of Ancrum, between 
by which the said William obliged himself to cause Barbara Buckholme, B^n ®t and 
spouse to ThouMW Broun, and the said Thomas, and William Rutherfurde, ^J^J'xh^mM 
son to the said Barbara, stand by the decision of the Laird of Bonjed- Brown, her 
burgh and Sir James Ker of Crailling as arbitrators in the dispute ^rSim"* 
between them and " the said Ragwell " [Bennet]. Further the said Earl ^^*^^°"*-^ 
undertook for the said William Ker that he would see the same per- 
formed by these persons. 

Petition by James Melvill, quartermaster in the Earl of Mortoun's ^'^*^*°q 
regiment, as follows : — To testify his affection to his Majesty's service Jame«Meiviiie, 
he had accepted the above employment in the regiment raised by the §J^he 1^ 

FoL 163, b. Earl of Mortoun in this country, and has " verie dewtif ullie and care- ^^^^ *^* 
fuUie performed what belonged to his pairt in the said service, and is Morton, from 
now returned with the remanent commanders, officiars and souldiours hia credlton. 
of the same regiment, to ly heere in garisoun under his Majesteis pay for 
the space of three moneths." He had expected that his engaging in this 
service would not prejudice his affairs in this country, yet he is informed 
that several of " his creditours and pairtners, especiallie in the mater of 
the coale,'' taking advantc^e of his absence, have caused him to be put to 
the horn, whereby he is not only disabled from settling his private 
affairs, which " have verie farre miscaryed during his absence," and which 
will require recourse to the Lords of Session, but he is also greatly im- 
peded in his military office, which requires " his continuall and assiduous 
attendance als weill for quartering of the souldiours as transporting of 
VOL. ni. B 



18 REGISTER OF THE COUNCIL. 1629. 

moneyes weekelie and monethlie to thair quarters." He therefore craves i>Mrat«, 
their Lordships' protection for both causes, and this the Lords grant till i627-jaiii]Ar7 
the last day of March next. ^^^' 

Oomg««»^*>y Complaint by Mr. Eobert Ferquhar, David Andersoun, Andrew ^°^- ^^» '• 
Farquharand Meldmm, Robert Alexander, James and William Eolland, John Rae, 
prietori^S^ Duncan Davidsoun, Greorge Andersoun, and David Jaflfrey, proprietors 
JljJ^^^^^^'^and possessors of that part of the salmon fishing upon the water of Dee 
Mninat David called the Pott, as follows : — '' One of the speciall temporall blessings 
oti^lorcast- whairwith it hes pleased God to beautifie and inriche the north pairts of 
S^ 8i5d^ "**° ^^^^ kingdome consists in the salmound fishing within the same, of the 
flahin^, thus whilks fishings the water and river of Dee both for the abundance and 
nets and ruin- goodnesse of the fish wcs among the first in accompt and estimatioun als 
ing the fishing, ^^yj ^ ^j^jg countrie as ellis where where the commerce and intercourse 
of salmound wes interteanned, and by the quhilk the countrie ressaved 
credite, and great store of moneyes wer yeerelie imported, and the ssdds 
compleaners looking that nane of thair nighbours would have beene so 
uncharitable and invyous towards thame or so undewtifull to the com- 
moun weale and countrie as to have preast to hinder and interrupt the 
course of Gods good benefite, proceeding inmiediatelie frome his Divine 
bountie and favour," yet David Harrow at the Bridge of Dee, James 
Harrow there, William Howat in Budderstoun, John Traill in , 

Alexander Wobster there, and Patrick Wobster there, " being possest be 
some bad humour both aganis the saids compleaners and the commoun 
weale," came on 11th June last five times to the said salmon fishing in 
the Pott, each time bringing two boats laden with great stones, ** kuist 
the saids stones in the middes of the waters where the tacke of thair fishes 
wes most plentifuU and jisuall, and hes so spoyled and filled the water 
with stones as not onelie the compleaners netts ar brokin and made 
unusef ull hot they can have no forder fishing there." Charge having Foi. 164, b. 
been given to the persons named, and the said M' Robert Ferquhar 
compearing for himself and the other pursuers, but the defenders not 
compearing, the Lords ordain the latter to be denounced and escheat. 
John Balfour. « The Lordis ordanis the Bishop of Dunblane and Justice Depute to^^™***» 
e onto, p. . g^g^jj^g Balfour towcheing his bipast lyflfe and trade and to reporte." Foi. 109, a. 
Hoiyroc^ "Most sacred Soverene, By the petitioun heerewith inclosed your i^^i Letters, 

January 1629. Majcstic may understand the humble remonstrance made unto us by foL 156, b, 
Cotmcirto his ^^^ "^^^ OgUvie of Craig, knight, concerning the prejudice conceaved by 
Majestyanent him both to his pcrsoun and estait by his detentioun in waird within 
Sir John the castell of Edinburgh togidder with his earnest sute that he might 
cSffin the ^ iiilargcd thairfrom and confynned within the said burgh upoun 
Castle of sufficient suretie to remaine thairin and not to frequent nor • have 

Edinburgh. i ,. . , -r . 

commerce nor deaung with any Jesuits, preests nor excommumcat 
papists under suche pane as the Counsell sail injoyne. In regaird the 
warrand of his restraint proceedit immediatelie from your Majestic 
and that the Erie of Monteith, Lord President of your Majesteis 



1629. CHARLES I. 19 

R^i Letters, Counsell, who wes intrusted by your Majestic with the executioun 
Foi. 150, h. of that service, did relate unto us that he had warrand frome your 
Majestie to committ him unto some of your Majesteis sure wairds untill 
your Majesteis further pleasure wer knowin, therefore we have forborne 
to yeeld to his libertie and have thought it more fitt to eertifie your 
Majestie of the reasoun of his desire that after consideratioun thereof 
your Majestie may be graciouslie pleased to signifie your royall will 
and pleasure towards him, which in all humilitie we s;ill obey as 
becometh, etc. Halyruidhous, 22 January 1629. Subscribitur, Mon- 
teith, Hadintoun, Marshall, Wintoun, Linlithgow, Perthe, Buccleuche, 
Seafort, Arch. Achesoun, S' Thomas Hoip." 

i^tJ^7°^^ iSfeflfert/7i/ — Treasurer; S* Andrewes; Monteith, prseses; Privy Hoiyrood 

1^- Seal; Mairshall; Wyntoun; Linlithgow; Galloway; Seafort ; Jamiary 1629. 

Bishop of Dunkeld ; Carnegie ; Sir Archibald Acheson, Secretary; 

Cletk of Register; Advocate ; Justice Clerk ; Sir John Scot. 

"Forsameekle as it is cleerlie understand to the Lords of Secreit P^l^*?*^ ,^ 

forbidding the 

Counsell that of lait thair hes beene brought within this kingdome frome circulation of 
beyond sea a nomber of base doUours, commounlie callit Embdeufi^^^" 
dollours, the quarter doUours callit Ort doUours, and the halfife quarter ^°^"- 
dollours callit halffe Orts, and they have beene put out amongs his 
Majesteis subjects at ane farre higher rate and pryce nor they are worth, 
sua that his Majesteis subjects who ar ignorant of the trew worth of 
thir base dollours ar mightilie abused and hurt and ar made to beleeve 
that they ressave good coyne for drosse. Quhilk Embden dollour careis 
on the one side ane double eagle in the middes whairof is ane little 
globe divydit in twa and in the neathermost pairt of the globe the 
figure of 28, and frome the globe thair goes upward ane long crosse 
betuix the two heids of the eagle and on the other side thair is ane 
quartered armes, and in twa of the saids quarters there is lyke ane 
Fd. 81, b. crosse with twa rings abone the heid of the towre and in the other twa 
quarters there is twa barres and abone the armes ane great opin 
crowne. And the said Lords considdering that the connivence and 
oversight grantit to the course of thir base dollours will be ane great 
encouragement and baite to persouns avaritiouslie disposed to import 
great nombers of thame and to fill the countrie thairwith with- 
out respect to dewtie or conscience, seing thay have nothing before 
thair eyes hot thair filthie gayne whilk is more powerfull with thame 
nor anie other respect whatsomever; Thairfoir the saids Lords upoun 
verie good advice and mature deliberatioun hes dischargit and be the 
tennour heerof discharges all forder passage and course of the saids 
dollours within this kingdome, and ordanis letters to be direct 
to mak publicatioun heerof be opin proclamatioun at the mercat 
croces of the heid burrowes of this kingdome and uthers places 



20 REGISTEE OF THE COUNCIL. 1629. 

needfull, and to command charge and inhibite all and sindrie his Acta Pebmaiy 
Majesteis lieges and subjects that nane of thame presoome nor takei629. ^^ 
npoun hand to bring within this kingdome nor to vent and putt ^**^" ®^' ^' 
amongs his Majesteis subjects anie of the saids Embden dollours nor the 
doUours callit the Orts and halffe Orts, and that nane of his Majesteis 
subjects ressave anie of the saids dollours in payment of debts nor 
in exchange or wissilling, nor under whatsomever cullour or pretext 
under pane of confiscatioun of the same to his Majesteis use, besides 
such other panes and punishment as by law may be inflicted upoun 
persouns venters, outputters and homebringers of forbiddin and dis- 
charged coyne." 

HoKth [Sederunt as recorded above.] ^^ier 

January 1629. 1827-Jaiuiai7 

STprotoStioS ^^^ ^^® ^t^r enabling John Grant, apparent of Ballindallach, and hisF^isi, b. 
tojohn Grant, accomplices Summoned for trial of the manner of " the fight betuix the 
Ba?Sdaii^h, Said Laird of Ballindallache and the kit goodman of Carroun," the Lords 
Moompiices. prorogate their protection to them until 7th February next at night. 
Seea7i/«,p.i4. Commission imder the Signet to James Johnstoun of that Ilk, i^JS?'*'"^ 

Hoiyrood Grcir of Lag, and the Steward-depute of Annerdaill, jointly and severally, Foi. 188, a. 
D©cember ^ direct their own precepts and summon before them at Lochmaben 
rlS^MuBt be ®^^^ persons as shall be given them in roll by Sir John Charters of 
a mistake for Amisfcild and examine them upon the fire-raising which " some lawlesse 
the?ntemai™ and brokin lymmeris " have lately made at three several times in this 
c^mr^iL to^"^^^^ month of January under cloud and silence of night on the lands 
James John- of Amisfeild and Tynnell, wherein they have burned twenty-three 
Ilk and others houscs and the wholc com, insicht and plenishing therein. If they find 
^rt^^^'i^ns^^y presumptions of guilt in any of the persons examined, they are to 
accused of fire- commit them to ward till the further pleasure of the Council concerning 
landsof*" ° them be known. The others they are to demit. If any of the persons 
cited refuse to compear they are to search for, apprehend and ward them 
until they be examined, and thereupon to deal with them as above, and 
for this purpose they are empowered to use his Majesty's keys. Signed 
by S* Andrewes, Monteith, Hadintoun, Mairshall, Wintoun, Linlithgow, 
Galloway, and Seafort. 
nSen, " ^h® ^^^^^'^ ^lay the Archbishop of S* Androis gaif in a roU of sucheS^^ta, 

suspected of noblemenis sonis whose parentis ar suspect to be Popishlie afifectit, quhilk Foi. 109, b. 

bem^ popishly . , *■ ^ *■ ^ 

inclined, to being red and considderit be the Lordis, thay ordane the parentis to be 

to^be educated ^^*^^i^ to compeir and mak choise of some one of the universityis of S' 

Jft^^o?^^*^'" ^^<^rois, Glasgu or Edinburgh for the breiding and instructioun of thair 

GiwTOw, sonis in the trew groundis of religioun ; and for suche of the parentis as 

st.*Androwr ar at Courte, as namelie, the Earle of Nithisdaill and Lord Gordoun, that 

his Majestic may be intreated to require thame to gif ordour to send thair 

childrene ather to S' Androis or Edinburgh, thair to be trayned up in the 

knoulege of the treuthe ; and ordanis the Earle of Angus to be wamit to 



Amisfield. 



1629. CHAKLES I. 21 

Saderunts, Thuriflday nixt. Lyke as the Earle of Wyntoun, being personalie present, 
FoL 109, h. promeist to biing his sone to Edinburgh the idxt weeke and to present 

him to some of the ministens to be tryed be thame, and the Earle of 

Monteith promeist to retene the Lord Gray his sone still in his company 

till his fader git ordour for sending of him to suche on of the universityis 

as his Majestie or the Gounsall sail direct." 

'' The Earlis of Angus and Bugcleugh, the Lordis Tester and Tracquair,The disorders 

and Sir Williame Seytoun, yf he be in toun, to be warnit to Thurisday §^1,4. ^^^^^ 

to gif thair advise anent the satling of the disordouris of the Middle 

shyris and discoverie of the stouthis committit thair.'' 
FoL no, a. " The ofiBciaris of the Cunyee hous and the marcheant tradars gaif in to The circuia- 

the Gounsall thair severall overtouris toucheing the discharge of thedoUars. 

course of base dolouris with least prejudice to the liegeis." 

"The Lordis prorogatis the protectioun gran tit to Ballindallach,younger, BaiUndaiioch. 

and his witnessis till Satterday come aught dayis.*' 

f^^tten, « Chablbs E., Eight trustie and right weilbelovit cousine and coun- Whitehall, 
FoL 159, b. sellour, right trusty and weilbelovit cousines and counsellours, and i629. ^^^^ 
right trustie and weilbelovit counsellours, we greete yow weill. Jj**J' f*^™ 
Whereas being informed that ane master of a shippe inhabitant anent certain 
in Bristo hath of lait takin upouu the coast of Spaine a shippe i^ a Bristol 
quhairin thair ar prohibited goods and diverse letters of advice and ^^at jJ^j^^J^** 
tiie samine shippe by distresse of weather is drivin in upoun the Yle of wrecked in the 
Orkney we have heereby thought good to require yow that with all con- ^ ^^^^' 
venient diligence yow send up unto us all suche letters of advice as sail 
be found into the said shippe and that yow signifie unto our Admirall 
there our pleasure heeranent that thairafter he may proceed heerin 
according to the lawes of that our kingdome provyded in the lyke cases 
and with all that yow caus the maister of the said shippe be used in 
suche a kyndelie manor as he may not have just caus to compleane; whiche 
recommending to your speciall care we bid yow faireweill. Frome our 
Court at Whitehall the 28th day of Januarie 1629." 

^^ajcbniary Sederunt — S' Andrewes; Monteith, prseses ; Mairshall; Wyntoun ; Hoiyrood 

i«29. Linlithgow ; Eoxburgh ; Bugcleuche ; Lauderdaill ; Galloway ; January 1029. 



FoL 81, b. 



Seafort ; Lome ; Bishop of Dunkeld ; Bishop of Dumblane ; 
Carnegie ; Master of Elphinston ; Clerk of Eegister ; Advocate ; 
Justice Clerk ; Sir John Scot. 

" Forsameekill as the Lords of Secreit Counsell having heard, scene, and Ordinance 
considderit the act whairby the commissioners nominat be his Majestie ^mmiasionen 
for the treatie anent the surrenders and teinds have ordained sub-^^^y^^^ 
commissiouns to be granted to some selected persouns within the severall for Surrunders 



presbytereis of this kingdome according to the reports alreadie made or 
to be made frome the severall presbytereis of th3 said kingdome anent 



and Teiuda. 



22 EEGISTER OF THE COUNCIL 1629. 

the electioun of the saids subcomraiasioners for trying of the trew worth ^®^®|*"^ 
and rate of the lands and teinds great and small within the saids pres- ie29. 
bytereis, with the instructiouns conteaning the methode, forme and ordonr 
of thair proceedings, and how they sail carie thameselffes in the executioun Foi- 82, a. 
of the saids subcommissiouns, and have ordained the saids subcommis- 
sioners who have not alreadie givin thair oath in presence of the saids 
commissioners to compeir before the moderator and brethrein of thair 
severall presbytereis and thair to accept the saids subcommissiouns and 
to give thair oaths for the faithf ull discharge of the same ; and the saids 
Lords finding the saids subcommissiouns and the course and ordour 
prescryved thairin be the saids commissioners for the proceedings of the 
saids subconmiissioners to be formallie, legallie, and weale set doun for 
the weale of his Majesteis subjects and for the forderance and advancement 
of the good worke whilk his Majestie hes intendit for the universall ease 
of his subjects in leading of thair awin teinds ; Thairfoir the saids Lords 
hes ratified, allowed, approvin and confirmed, and be the tennour of this 
present act ratifeis, allowes, approves and confirmes the acts and sub- 
commissiouns foresaids past and to be past and exped for the trying of 
the saids valuatiouns in all and sindrie points, clauses, articles and heids 
conteanit thairin. And whereas this good and necessar worke whilk his 
Mdjestie so eamestlie affects for the weale of the subjects cannot take the 
wished effect unlesse the subcommissioners uominat and elected and to 
be nominat and elected conforme to the ordour sett doun in the saids 
commissiouns for the severall presbytereis accept that charge concredite 
unto thame and carefullie and dewtifullie execute the same conforme to 
the trust reposed in thame, Thairfoir the saids Lords ordanis letters to be 
direct chai^ng the persouns nominat and elected to be subcommissioners 
for the severall presbytereis within this kingdome and who heerafter 
sail be nominat and elected to be subconmiissioners conforme to the 
ordour sett doun in the saids commissiouns and whois names sail be 
particularlie insert in the letters to be direct upoun this present act, to 
accept the saids subcommissiouns in and upoun thame, and for this 
effect that they and everie ane of thame make thair addresse to the severall 
presbytereis upoun the first presby terie day after the charge, and thair in 
presence of the moderator and brethrein of the presbyterie to accept the 
saids subcommissiouns upoun thame and give thair oath that they sail 
execute the same faithfullie and trewlie according to thair knowledge. 
And also to command and charge all the saids subcommissioners als weill 
these who hes alreadie accepted and givin oath before the saids commis- 
sioners as also who sail accept and give oath before the saids presbytereis 
to proceid and goe on in the executioun of thair saids subcommissiouns 
with all convenient and possible diligence according to the instructiouns 
and power givin to thame thairin ; and that they make a report of thair 
diligence in executioun of the same upoun the particular dayes respective Foi. 82, b. 
mentiouned and conteaned in the saids subcommissiouns under the pane 
of rebellioun and puting of thame to the home, with certificatioun, etc." 



1629. CHAELES I. 23 

Docpetft, Complaint by Patrick Grant of Ballindallache, as follows : — In the 5*^^^"^ 

i^-Jaauary Parliament held at Edinburgh in July 1594 it was ordained that January 1629. 
Fd?'i65 a, every chief somer and broken man should be accounted the man and p^^ck^Q^J^^t 
servant of the person from whom he has land in tillage or pasturage, orof Baiiin- 
whom he accompanies at conventions or gatherings, or in whose ground sfr John*""" 
he is reset and tarries twelve hours with the knowledge of the landlord, fj^cWe for 
when the latter is able to apprehend him, or from whom he has bonds of protecting 
maintenance, and to whom he pays "his calpes and herezelds." Now of Daitaieis, 
James Grant of Daitaieis was on 30th July 1618 put to the horn f or patSskOwSt 
not compearing before the Justice to answer for the slaughter of Patrick «^H*®** °^ ^. 

* ^^ ° reiving on his 

Grant in Lettache, which horning he disregards, and has associated with lands, 
himself "a nomber of brokin Hieland men of the Clanrannald, Clangre- 
gour, and some others out of Strathspey and Stradoun," who all go 
Borning about the country in arms, and especially against the complainer 
and his kin and friends. On November last the said James Grant came 
to his lands of Innererrar, and by way of stouthreaf "reft" from his ten- 
ants 120 nolt, 12 horses, 6 mares and 160 sheep. He was the chief 
instrument of the troubles between the house of Garroun and the com- 

Foi. 165, b. plainer, and of the unhappy slaughters on both sides; and " he is become 
ane opin reaver, sorner and oppressour." He is " man, tennent and ser- 
vant to Sir Johne Grant of Freuchie ; he is a branche of his hous, 
dwellis upon his lauds, accompaneis him at oasting and hunting, hes his 
cheefe and principall dependance upon him, hes his ordinarie and 
frequent resset within his bounds and upon his ground, where he hes 
oft tymes remained twelflfe houres togidder and abone, with the privitie 
and knowledge of the said Sir Johne, who wes and is of sufficient power 
to have apprehendit him, and who takes upoun him the patrocinie and 
defence of the said James and under his assurance the said James goes 
in soming maner athort the countrie, " and therefore the said Laird of 
Grant should present the said James Grant to justice. Chaige having 

Foi. iw, a. ^j^jj given to the said Laird of Grant, and both pursuer and defender 
compearing, the Lords assoilzie the defender because it being alleged 
that the said James Grant was in the defender's bounds gathering his 
forces for the "heirship libellit, " for 48 hours, with his knowledge, he 
having been informed thereof by the Baron of Kilmachlie, and his own 
xmcle, bailie of the bounds, and for probation hereof the matter being 
referred to his oath, the defender denied the same. 

The Lords, having heard the exceptions proposed by Thomas Kincaid ^ppojj^ment 
of Wareistoun against the baron-bailie of the regality of Brouchtoun try Thomas 
and the clerk of that court, before whom he is summoned to be tried warrwton, 
for the alleged slaughter of Christian Harbert, daughter to the deceased ^^^^^ accused 

Harbert, and being careful that his trial should be in " that slaughter of 
faire and legall maner whiche the importance of the bussines and course Harbert. 
of justice in suche a caise requires " appoint Mr. Robert Learmonth and 
Mr. Alexander Persoun, advocates, to be assessors and equal judges in 



24 REGISTER OF THE COUNCIL. 1629. 

the case with the said baron-bailie, and John Learmonth, writer to the iJ^creU, 
Signet, to be clerk to the process. These persons were nominated by i627-JaouAr7 
the Earl of Roxburgh, heritor of the said barony and regality of Brouch- ^^/i^^ ^ 
tonn, of his own motive, for the due administration of justice, he being 
personally present in the Council. 

Protection to The Lords, being informed of " the trew and earnest desire of James 

Kennedy of Kennedie of Blairquhan to give unto his creditours satisfactioun and 
^^^ °* contentment, " for enabling him to do so and work his own relief, extend 
his protection till 20 th February next. 

S^^roteStionto I*®tition by Josias Stewart of Bonytoun, as follows: — Upon their ^^^ iw» *»• 

Jodns Stewart Lordships' former warrant he has been very busy and diligent with his 
«Miy n. QpQ^^jQpg^ Q^jj^j jj^ settled with many of them whose debts exceeded 
40,000 , and there only remains the drawing up of the securi- 

ties. This being done he intends proceeding with the remaining 
creditors in the like course, but his protection is almost expired. He 
therefore craves a continuation, and this the Lords grant till 20 th 
February next. 

'^P^^^^ " -^^® missive to his Majestic towcheing the insolencyis of Papistis ^^'^ 
increscedby the not retume of his Majesteis ansuer and resolutioun ofpoLiio, a. 
the course to be tane and prosequute aganis thame." 

Hugh Hiu. <' ChargeiB aganis Hew Hill in West seate of Gartlie for beareing of 

hacquebutis and pistoUettis." 

HoJyro<>i,^ " After our verie heartilie commendatiouns. Whereas the diflferences Jfe*L^*^"' 

House, 29th , . -r» „ ^ . ^, , . i -r^ , t^ i 16S-82. 

January 1629. bctuix RagwcU Bcnnct of Chcstcrs, on the ane pairt, and Barbara Buck- FoI. 150, k 

u^ of^ *^® holme, spous to Thomas Browne, and Williame Rutherfuird her sonne, on 

Sd^Sir^^M ^^® other pairt, anent the decreit of removing obteaned by the said Foi- 151, a. 

Ker to try the Ragwcll agauis thame for removing fra the lands of Ryknow and 

R^weii^**" Abbotsmedow and all other caussis criminall and civill standing betuix 

Chestore^on ^hamc ar submitted to yow twa in presence of his Majesteis Counsell and 

the one hand, the partciB bouud to Stand and abide at your deliverance as the submis- 

Buckhoime siouu made to this effect beiris ; and we being carefull that thir maters 

S^therfoni™ ^ frcindlic and peaceablie sattled for eshewing of other inconvenients 

^th ^°' °" ^^^ ^^^^ ^^^ follow thairupoun, these ar thairfoir verie earnestlie to recom- 

Seoa»te,p.i7. mend the same unto yow and for this effect that yow conveene the 

parteis before yow and take notice of the estait of this bussines and of 

all the differences and questions betuix thame with the ground and 

occasioun of the same and that yow use your best endeavours to bring 

these maters to a good and happy conclusioun and to sattle the parteis 

in peace and quyetnes ; quhairin yow will doe unto us singular pleasure. 

And so committing yow to Gods protectioun, we rest. Halyruidhous, 

29 January 1629. StdscriMtur, S^ Andrewes, Monteith, Hadintoun, 

Linlithgow, Lauderdaill, Roxbui^h." 

HousITath "Most sacred Soverane, The Erie of Linlithgow, your Majesteis Admirall, 

January 1629. liaving in the dewtie of his office caused arreist certaneFrenshe wynes laitlie 

the^ourSiito ^^ought into the port of Leith, there wes a petitioun thereupoun pre- 



1629. CHAELES I. 25 

i^JLet*«^ ferred unto the Counsell by the merchants, awners of the same, showing his Majofty 
FoL in, a. that these wynes wer retume of thair stockes which they had lying in ^Stion of 
the Low Countreis and that their factours had sent home these wynes ior^^^^^l' 
furnishing of the countrie at the tyme of your Majesteis muche expected ^^^y might be 
heerecomming, being with all simplie misled and encouraged to this kynde French wines 
of imployment of thair stockes by the exemple of the English who (as J'jljj^i^^^jj 
they affirme) wer daylie buying and sending over to England great j^^o™/*^'' 
quantitie of Frenshe wynes which had a free and uncontrolled vent there prohibition, 
without challenge or arrestment, in regaird whereof they humblie desired 
that they might be licenced without danger to dispose upoun their wynes 
to their best advantage ; their petitioun with the reasoun enforcing the 
desire thereof being read and heard by the table and we considering the 
great loss which the merchants estait hes this long tyme bygane sus- 
teanned by the power of the enemie and the interruptioun of trade and 
that if your Majestic have allowed anie Frenshe wynes to be imported 
into England that your Majestic would never refuse to vouchesafe the 
lyke princelie indulgence to your subjects of this kingdome speciallie in 
a mater so muche importing the credite and furnishing of the countrie at 
this exigent tyme of your Majesteis long wished and expected heere- 
comming, beside the benefite that will arise unto your Majestic frome the 
impost of these wynes, we hajVe upoun these respects suffered the mer- 
Foi. 151, b. chants who ar responsall men to make sale of thair wynes and have 
taikin thame acted in the bookis of Admiralitie to make the price thereof 
furthcumming to your Majestic if so your Majestic sail be pleased in the 
strict course of justice to require. Whairanent attending the significa- 
tioun of your Majesteis royall will and pleasure we pray God, etc. 
Halyruidhous, 29 January 1629. Subscrihihcr, S* Andre wes, Monteith, 
Mairshall, Wintoun, Linlithgow, Roxburgh, Buccleuche, Galloway, Seafort, 
Lome, Arch. Achesoun, S' Thomas Hoip, Hamiltoun, S' Gteorge Elphin- 
stoun." 

A^ Ftjbniary « ForsamcekiU as it is understand to the Lords of Privie Counsell thatHoiyrood 

I628-J0I7 r,. T 1 House, 30th 

1629. thair is great appearance of trouble lyke to fall out betuix Sir Johne January 1629. 

^^»-82,b. prestoun of Walifeild, on the ane pairt, and Eobert Bruce of Blairhall, CJ«j^ to Sir 
George Bruce of Camock, and Alexander Bruce, his brother, on the other of Vaiieyfieid, 
pairt, whilk will not f aile to produce some inconvenient to the disturbance ^rt, and * 
and breake of his Majesteis peace without remeid be provydit, Thairf oir ^gj^^^°® 
the Lords of Secreit Counsell ordanis letters to be direct charging officiars George Bruce 
of armes to pas and chaise both the saids parteis to compeir before the and Alexander 
saids Lords upoun the thrid day of Februarie nixt to underly suche ordour QthS^'tT ^* 
as sail be tane with thame tuicheiug the observatioun of his Majesteis ff^^J^n "„ 
peace, under the pane of rebellioun, etc., with certificatioun, etc. ; and in the 3rd of 
the meane tyme to command and charge both the saids parteis to observe meaAwi^e to 
his Majesteis peace and to keepe good rule and quyetnesse ane with jg?P ^., 
another, and that nane of thame presoome nor take upoun hand to invade peace, 
nor persew ane another for whatsomever deid, caus or occasioun, everie ane 



26 EEGISTEE OF THE COUNCIL. 1629. 

of thame under the pane of ten thowsand merkes, with certificatioun to Acta Febmary 
thame and they failyie that they sail be decerned to have incurred and i629. ^ ^ 
to incurre the said pane, and letters and executorialls sail be direct ^^^' ^' ^' 
charging thame to make payment thairof to his Majesteis Thesaurar, 
Deputie Thesaurar, and ressavers of his Majesteis rents in forme as 
efifeirs." 
Hoiyrood Commission under the Signet to Sir James Campbell of Lawers, Sir ^"J^^'^ions, 

Jimuary 1629. Alexander Menzeis of that Ilk, Alexander Menzeis, his son, Mr. William Foi. 188, b. 
Commissiou to Murrey of Auchtertyre, Sheriff depute of Perth, Henry Ardoche of 
Campbell of , David Ai'doch of Wester Over Lednoch, John Drummond of 

othew'to try Drummonernach, or any three of them, the said Laird of Lawers being 
m^^toWo ^'^ one, as justices, to hold courts and tiy John Dow Moir M^Connochie, a 
a notorious ' common and notorious thief, who on last was apprehended by the 

said Sir James Campbell of Lawers "with a fang of some stollin 
hors " and was warded by him in , where he now is. Signed by 

Monteith, Hadintoun, Wintoun, Linlithgow, Buccleuche, Seafort, and 
Lome. 
AicSajiSBr^ ^ Commission under the Signet to Alexander Lindsay of Barrass, David ^^^' is^» »• 
Lindsay of Lindsey of Balgais, James Stirline of Brekie, John Ogilvie of Pitmowes, 
others tocon- Jamcs CaddcU of Aslowne, David Barclay of Mathers, Mr. Alexander 
Hege^a^ Keith of Phesdo, and John Ogilvie, bailie of Montrose, jointly and 
apprehend Sir severally, to couvocatc the lieges in arms, and search for, apprehend and 
of Drumtochy, present before the Council Sir George Keith of Drumtokie, who on 26th 
horn.** * June instant (sic) was put to the horn at the instance of Robert Keith 
of Brydiestoun as Master, and William Lawsoun, tenant and occupier of 
his lands of Powbume, and also of Sir Thomas Hoip of Craighall, knight- 
baronet, King's Advocate, for his Majesty's interest, for failing to find 
caution acted in the Books of Adjournal to compear before the Justice 
and his deputes on 6 th February next and answer for pursuing and 
invading the said Bobert Keith and William Lawsoun with hagbuts and 
pistols. Signed as above, Mdth the addition of " Mairshall." 

i°Wi.t t^° ^"*^ ^^ Sederunt.] g-^^ 

January 1629. 1627-January 

Sohn ThoTOion ■'''^® which day compeared personally John Thomson in Rutherglen as foI. *167, a. 
in Rutherglen cautioner for William Watsoun in Titwood ; James Millar in Cathkin for 
Watson in Jamcs Millar, maltman in Busbie; George Parke in Cassiltoun for 
^Ii^or*'"'* James Millar in Cathkin ; John Clerk in Flemingtoun for John Peirie, 
others, that maltman in Nuike ; the said George Parke for John Young in Cassiltoun ; 

they will con> 

form them- the said James Millar in Cathkin for George Parke in Cassiltoun ; John 
Aot^f*p2iia- Janiesoun in Meikle Govane for John Maxwell there ; the said John 
standwd of Maxwell for the said John Jamesoun ; the said John Peirie for John 
Linlithgow. Clerk in Flemingtoun ; and the said John Clerk for Eobert Hamiltoun 
in Cambuslang, that they will "conforme thameselffes to the Act of 
Parliament and standard of Linlithgow in i-essaving and delyvering of 



1629. CHARLES I. 27 

5«™t», thair victuall, and that they sail use no other metts and measures" but 

^oTember 

i«27^anuai7 Buch as are conform thereto, each in the penalty of £100, toties 

f^^ ^^^» The Minute Book of Processes gives the following memoranda collec- 
Foi84,'a. tively for the month of January 1629. 

Complent for weiring of hagbuttis and ryott : Kennedie of Culzean 
against Maxwell, messinger. 

Eatificationn be the Counsell of ane commissioun be the Earll of 
Monteith, Lord Justice, to the shireff of Dumbartoun and uthers for 
tryell of Jonet Boyd, witch. 

Letters: Williame Eitchardsone, sone to the Laird of Smeitoun, 
against the Lord and Master of Herries, rebellis, to appeir before the 
Counsell, with certificatioun. 

Protectione for Sir George Ogilvie of BamflF. 

Complent, Eyott: Auchinleck against Bisset. 
Foi.85, b. Complent, Eyott and Oppressioun: Hart against Hart. 

Eyott and Oppressioun : Mathiesone against Dick. 

Letters for citting Ogilvie of Bamff and his complices on the ane 
part and the relict and freinds of James Ogilvie of Podula for cleiring 
the slauchter of the said James. 

Eyott: Irving of Foderat against Keith of Balmuire. 

Eyott: Somervaill gainst Galbraith. 

Suplicatioun : Patrick Eleis and uther merchands in Edinburgh for 
lowsing of the Admiralls arreistment laid upoun certaine wynes brocht 
home. 

Petitione : Hew Fergussone for his releiflf out of prisone. 

Protectione for Donald Urquhart and utheris who wer sunmiond 
to beir witnes. 

Proces of hamsucken, ryott and wrongous imprisonement : James 
Broun fi^ainst George Prestoun, sone to the Laird of Valeyfeild, and 
utheris. 

Petitione for Alexander Drumond imprisoned for witchcraft for ane 
aliement. 

Oppressioun: the fischeris of the Pott against David Harrow at 
the Brig of Die. 

Letters: the magistratis of Eutherglen againest Williame Neillsoue 
and utheris within the Nether Waird of Clidsdaill to buy and receave 
from them the mettis and measours conforme to the standard of 
Linlithgow. 

Prorogatioun of ane protectione for John Stewart of Bonytoun. 

Complent : the maltmen in Glasgow against John Ogloth and utheris 

* Regarding the " firlot of Linlithgow " see a»tte, Vol. XI., p. evil 



28 REGISTEE OF THE COUNCIL. 1629. 

within the shireflfdome of Lanrick for not conf ormeing themselfl&s to the ^^^ ^^^^ 
standard measour of Lithgow. Foi. 85,' b. 

Protectione prorogat for Kennedie of Balquhan. 

Bill: Thomas Kincaid of Wairiestoun craveing that he micht be 
judged by the Justice and not by the barrone bailyie of Bruchtoun for 
ane aledgit murthour. 

Suplicatioun for Johne Blair, procuratour in Edinburgh, for his releiflf 
f urth of prisone. 

Hoiynx^^ SedevurU — Treasurer ; Monteth, priieses ; Privy Seal ; Bugcleuche ; ^«^^''^^*^' 

February 1629. Galloway ; Seafort; Bishop of Dumblane; Lord Areskine ; Lord 1629. 

Tracquair ; Sir Archibald Acheson, Secretary ; Clerk of ^° ^ ^* 

Eegister ; Advocate ; Justice Clerk ; Sir John Scot. 

Report of the "The Commissioners for the dioceis of Aberdeene and Murrey 
for the dioceses compeirand before the Lords of Secreit Counsell reported the 
and^Mo^" charges and letters aganis the Marques of Huntlie and the wrytters of the 
anentthe pasquillis Mdth the executions and indorsatiouns thairof, and exhibite to 

Marquis of 

Huntiyand the saids Lords thair greevances in writt bearing the insolenceis of 
thesidS"**^' Papists and thair opin professioun and exercise of thair idolatrous 
dioceses. religiouu togiddcr with thair overtures for remeiding and compescing of 
the same. The Lords ordanis the greevances to be sent up to his 
Majestic and to show his Majestie that the Counsell can doe no more 
hot sentence the parteis compleanit upoun by ordaining thame to be 
denunced rebellis and putt to the home, and that the power of execu- 
tioun, which is the mayne point of the service, depends upoun the 
willingnesse and dewtie of the Marques, that he must onlie be burdenned 
with the performance thairof, or otherwayes that his Majestie may 
resolve upoun some other meanes that may be als powerfull and 
effectuaU for doing of the service." 
decreSng that " ^^^^^ ^^^ Soverane Lords letters direct makand mentioun, Forsa- ^^L 83, a. 
^e Marq^ofmeekill as it is understand to the Lords of Secreiu Counsell that the 
tothehoraforpersouns particularlic undcrwrittin ; they ar to say, M' Eobert Bissat 
preaent^before ^^ Lcssindnim, baillie of Strabogie, Alexander Gordoun of Drumquhaill, 
*^®^^^^^j^^ chamberlane of Strabogie, Patrik Gordoun of Tillisoule, Johne 
for whom he is Gordoun in Littill Mylne of Rathven, Adame Smith, chamberlane of the 
responsi e. gjj^^ie, Barbara Law, his spouse, Robert Gordoun in Haddo, Margaret 
Gordoun, goodwyflfe of Cormellat, Malcolme Laing in Gulbume, and M' 
Adame Strauchane, chamberlane to the Lord of Aboyne, ar not 
onelie excommunicat be the ordours of the Elirk for not conforming 
thameselflfes to the trew religioun presentlie profest within this king- 
dome, hot they ar denunced rebellis and putt to the home for that chus 
and for dissobedience to the High Commissioun of the Kirk, as the 
sentence of excommunicatioun and letters of homing used and execute 
aganis thame at lenth beiris, under the whilk fearefuU sentence of 
excommunicatioun and prooesse of home foresaid they have proudlie 



1629. CHARLEL I. 29 

A^J«}*™M7 and contempnandlie remained seneyne as they doe yitt unrelaxt, takand 
id29. no regaird of the said sentence and homing, hot haunts, frequents, and 

FoL 88, a, jepaires publictlie and avowedlie in all pairts of the countrie as if they 
wer good and lawfull subjects, lykeas they ar houshold men, tennents 
and servants to George, Marqueis of Huntlie, dwellis upoun his lands, 
ar of&ciars, chamberlans, and bailleis unto him, and suche persouns as 
he aucht and sould be answerable for be the lawes of this kingdome, and 
by the connivence and protectioun whilk they have under him they ar 
encouraged to continew in thair rebellioun and erroneous opiniouns to the 
high contempt of his Majesteis auctoritie and lawes. And anent the 
charge givin to the said Marqueis of Huntlie as maister and landislord 
to the excommunicat rebellis abonewrittin to have tane and apprehendit 
thame and to have send thame to the Lords of his Majesteis Privie Counsell 
upoun this present thrid day of Februar instant, to the intent ordour 
might be tane with thame for thair dissobedience as accords, under the 
pane of rebeUioun and putting of him to the home, with certificatioun 
to him and he failyied letters sould be direct simpliciter to putt him 
thairto, lykeas at mair lenth is conteanit in the saids letters, executiouns 
and indorsatiouns thairof : Quhilks being callit and the said Marqueis of 
Huntlie compeirand be Williame Gordoun of Knockaspeck, his depute of 
the shirefdome of Aberdene, and M' William Guild and M' Alexander 
Eos, commissioners for the diocie of Aberdene, being lykewayes personallie 
present, it wes answered be the said ShireflF deput that before the charges 
wer execute agam's the said Marqueis for exhibitioun of the persouns 
abonewrittin and for searching and seeking of Jesuits and others 
excommunicat Papists within the said shirefdome specified and conteanit 
in the several directiouns givin unto him that the copeis of the saids 
haill letters and directiouns wer disperst and- made knowin to all these 
whome it concerned whilk made thame to eshew, and that the tyme wes 
so short and the weather unseasonable that the Marqueis himselffe 
Foi. 88, b. ijj persoun could not execute the same, and that he directed the said 
shireflf depute to make searche for the saids whole persouns conteanit in 
the saids severall directiouns, bot they had all escaped before he received 
the warrands for thair apprehensioun. And tuicheing the chamberlans 
and bailleis whome he wes chargit to remove frome these his offices 
he declared that the chamberlans wer debtfuU to the Marqueis in great 
sowmes of money and thairfoir he craved a competent tyme to be 
assigned unto him that he might fitt his compts with his chamberlans 
and that than he would doe thairin as the saids Lords sould injoyne. 
Quhairunto it wes replyed be the saids commissioners that the diligence 
used be the said shireff depute was but cullourable and a ludifeing of 
the Counsell, seing how ever the rebellis and excommunicats have made 
a show of flight, yitt they ever retumed to thair awin houses at night 
and that thair abode and residence wes als publict and avowed at thair 
awin houses and in the countrie as at anie tyme before. Quhilk answere 



30 REGISTER OF THE COUNCIL. 1629. 

and reply being heard and considderit be the saids Lords and they being ^^^^™^ 
thairwith weill advised, the Lords of Secreit Counsell finds and declaires 1629. 
that the said Marqueis of Huntlie hes done no diligence in the directiouns 
and charges committit unto him and that thair is no lawfuU diligence 
to be expected, and thairfoir the saids Lords ordanis letters to be direct 
charging officiars of armes to pas to the mercat croces of Aberdene and 
others places needfull, and thair to denunce the said Marqueis of Huntlie 
his Majesteis rebell and to putt him to the home and to escheate, etc. ; 
and ordanis that no suspensioun sail be granted to the said Marques hot 
in presence of the Counsell." 
OrdiDonce " Anent our Soverane Lords letters raised at the instance of Sir 

officers of arms Thomas Hoip of Craighall, knight baronnet, his Majesteis Advocat for 
tain^iste'^of^ Majcsteis intcresse, makand mentioun that whair M' Alexander 
Aberdeen to^^Ij.^ug^ burges of Aberdene, Thomas Meinzeis of Balgownie, M' Robert 
lands and Bissat of Lessindrum, Johne Gordoun of Craig, James Forbes of Black- 
penalty o/' toun, Thomas Cheyne of Raynistoun, Williame Seatoun of Blair, Alexander 
forfeiture. Gordoun of Tulligreg, Patrik Gordoun of Tullisoule, and Margaret 
Gordoun, goodwyfiFe of Cormellat, are not onelie excommunicat be the 
ordinar censures of the Kirk for not conforming thameselflfes to the trew 
religioun presentlie profest within this kingdome bot thairwithall they 
ar denunced his Majesteis rebellis and putt to the home for that cans 
and for thair dissobedience to the High Commissioun of the Kirk, as 
the sentence of excommunicatioun and letters of horning execute, 
indorsat and registrat aganis thame beiris, under the processe whairof 
they have most proudlie and contemptnandlie remained sensyne since 
the tymes respective of thair excommunicatioun and denunciatioun as 
they doe yitt unrelaxt, takand no regaird of the said fearefull sentence 
and homing following thaimpoun, bot haunts, frequents, and repaires 
publictlie and avowedlie in all pairts of the countrie where the necessitie 
of thair adoes invites thame and injoyes the possessioun of thair awin 
livings and houses and keepes thair houses as starting holes and houses Foi. 84, a. 
of refuge to Jesuits, seminarie preests, excommunicat and traffiquing 
papists, where conventicles and meetings ar keeped of nombers of people 
Popishlie afifected and exercise used of thair false religioun to the high 
and proud contempt of his Majesteis auctoritie and lawes. And anent 
the charge givin to the saids M' Alexander Irwing, Thomas Meinzeis, 
M' Robert Bissat, Johne Gordoun, James Forbes, Thomas Cheyne, 
Williame Seatoun, Alexander Gordoun, Patrik Gt)rdoun, and Margaret 
Gordoun, to have compeired personallie before the Lords of Privie 
Counsell this present thrid day of Februarie instant to have scene letters 
direct charging thame, and all havers, keepers and deteanners of thair 
castellis, towres, mannour places, and fortalices respective to rander 
and delyver the same to the officers, executers of the saids letters, and to 
remove thameselffes and thair servants f urth thairof within twentie foure 
houres nlxt after the charge under the pane of treasoun, or ellis to show 



1629. CHARLES I. 31 

ActaFehrnarya reasounable caus why the same sould not be done, with certificatioun 
1629. ^ to thame and they failyied the saids Lords would deceme the saids 
FoL 84, a. letters of treasoun to be direct aganis thame in maner and to the effect 
foresaid, lykeas at mair lenth is conteanit in the saids letters, executiouns 
and indorsatiouns thairof. Qnhilks being callit and his Majesteis said 
Advocat compeirand personallie, and the saids defenders being oft tymes 
callit and not compeirand, the liOrds of Secreit Counsell hes thairfoir 
ordained and ordaines letters to be direct charging oificiars of armes to 
pas and in his Majesteis name and auctoritie to command and charge 
the persouns foirsaids and all havers, keepers, and deteanners of thair 
castellis, towres, mannonr places and fortalices respective to rander and 
delyver the same to the saids officiars, executors of the saids letters, and 
to remove thameselffes and servants furth thairof within twentie foure 
houres nixt after the charge under the pane of treasoun, with certifica- 
tioun to thame and they failyie that they sail be repute, haldin and 
demained as tratouris and the processe and doome of forefaltour sail be 
led and deduced aganis thame conforme to the lawes of this realme." 

" Anent our Soverane Lords letters direct makand mentioun, Forsa- Ordinance 
meekill as there hes beene manie good Acts of Parliament made be his letters of horn- 
Majesteis noble and worthie progeni tours c^anis the authors and givers Jj^^® 
out of slaunders and untrew calumneis aganis his Majestic his Counsell 5^°** *^''- 
and proceedings, to the dishonnour and prejudice of his Majestic his Irving, burgess 
parents and progenitours, crowne and estait, and aganis the authors of andothera^who 
slanderous speeches and writts whereby they ar ordained to be severelie J^^jJ'^^®^ 
punished in maner specified in the said Acts as the samine at lenth written certain 
beiris. Notwithstanding whairof it is of truthe that of lait there hes^thhavSTg 
Foi. 84, b. beene two infamous pasquills writtin and directed the ane thairof to p^*^j,^^^jjj, 
the provest of Aberdene, and the other affixt on the kirk doore of Aber- jeivM before 
dene and printed, both conteanning treasonable warnings and predic- the day 
tiouns of the change of state and religioun within twa yeeres, besides a Jf2r^^^°f 
nomber of invective and railing speeches aganis the professours of the*"^®- 
trew religioun and ministers of the burgh of Aberdene, quhilks twa 
pasquills and infamous libellis hes beene writtin and devised by M' 
Alexander Irwing, burges of Aberdene, M' George Andersoun, advocat 
there, M' Greorge Paip, M' Gilbert Paip, M' Thomas Blakhall, sonne 
to Williame Blakhall of Ley, Thomas Meinzeis of Balgownie, Robert 
Irwing, burgee of Aberdene, Alexander Leslie, brother to the Laird of 
Pitcaple, and Francis Leslie, brother to (Jeorge Leslie, callit the Caputian, 
and Hercules Guthrie, chirurgiane in Aberdene, and they, at the least, 
ane or other of thame hes beene upoun the counsell of the wrytting, 
printing, aflfixing, and delyverie of the saids pasquills, for the whilk they 
aucht to be censured and punished, to the terrour of others to committ 
the lyke. And anent the charge givin to the saids M' Alexander 
Irwing, M' George Andersoun, M" George and Gilbert Paips, M' 
Thomas Blakhall, Thomas Meinzeis, Robert Irwing, Alexander Leslie, 



32 REGISTEE OF THE COUNCIL. 1629. 

Francis Leslie, and Hercules Guthrie to have compeired personallie Acta Febmary 

before the Lords of Privie Counsell this present thrid day of Februariei629. ^^ 

instant to have answered to the premises and to have underlyin suche ^^^ ^ ^' 

tryell and censure thereanent as the saids Lords sould thinke meete 

under the pane of rebellioun and putting of thame to the home, 

with certificatioun to thame and they failyied letters sould be direct 

simpliciter to putt thame thairto lykeas at mair lenth is conteanit 

in the saids lettera, executiouns and indorsations thairof, Quhilks being 

callit and Sir Thomas Hoip of Craighall, knight baronnet, his Majesteis 

Advocat, compeirand personallie for his Majesteis interesse, and the 

saids M' George Andersoun, M' George Paip, M' Gilbert Paip, M' 

Thomas Blackball being lykewayes personallie present and the remanent 

defenders foresaids being oft tymes callit and not compeirand, the 

reasouns and allegatiouns of the parties present being heard and con- 

sidderit be the saids Lords and they rypelie advised thairwith, the 

Lords of Secreit Counsell assoilzeis simpliciter the saids M' George 

Andersoun, M' George and Gilbert Paip and M' Thomas Blakhall fra this 

persute and complaint and fra the haill points, clauses and articles 

conteanit thairin and decemis thame quy te thairfra in all tyme conmiing ; 

Becaus the said persewer having instead of all other probatioun referred 

the said complaint simpliciter to the oath of veritie of the saids defenders 

compeirand and they being personallie present and deepelie sworne thair- 

upoun, they denied the said complaint to be of veritie as wes cleerelie 

understand to the saids Lords. For the quhilk caus the saids Lords 

hes assoilyied and assoilyeis thame in maner foresaid. And the saids 

Lords ordanis letters to be direct charging officiars of armes to pas and 

denunce the saids M' Alexander Irwing, Thomas Meinzeis of Balgownie, 

Eobert Irwing, Alexander Leslie, Hercules Guthrie and Francis Leslie 

rebeUis and put thame to the home, and to escheit, etc." 

H°^^"*&d Commission under the Signet to Mr. James Williamsone, provost of 9^™^*^°^ 

Februaryi629.Peiblis, Alexander Mure, and Patrick Thomsone, bailies, Sir Archibald Foi. isi, b. 

MTjimw" *^ Murray of Darnhall, knight, James Hamiltoun of Kolcott, John Bumet, 

Williamson, younger of Bames, and Mr. James Lausone of Harquess, or any four of 

l»^wU,\nd them, as justices, to hold courts and try Kathrene Young, spouse of 

^therino^ Alexander Peacok in Pirne, Marion Grige, spouse to James Scott in 

Young and Scottistoun, and Isobel Rutherfurde, alias Grahame, vagabond, who have 

witchcraft. been long suspected of witchcraft, &c. Signed by Menteith, Hadintoun, 

Bugcleugh, Galloway, Seafort, and Tracquair. 
'nie Spaniah « Ane letter frome his Majestic conceming the Spanishe ship tane be ff^^"*®* 
Se6a«/«,p.2i. a ship of Birsto and by distres of wedder drivin upoun the coast : Foi. iio, b. 
Ordanis the Admirall deputis to be wamit to Thurisday that directioun 
may be gevin to thame towcheing the said ship and writtis being in 
hir." 
Papirts. « A missive conceming Papistis and the executioun of the lawis made 

in that behalflf." 



1629 CHARLES L 33 

Sadwonti, " That the magifltrats of Abirdene be charged to ansuer upoun thair Aberdeen 

FoL ui, a. ressett and intercommouning with excommunicat rebellis." andexcom- 

" Chai^eifl aganis the Shireflf of Murray for reporting ane accompt of ™J^*^ 
his diUgence in the executioun of the commissioun grantit to him aganis ^pj^^ shorifF of 
Jesuits, seminarie preistis, and excommunicat rebellis upoun the last Moray and 
Counsell day of Marche with certificatioun of horning, and that a new *^" 
commissioun be past to this effect." 

"The Shireff of Forfar be M' Williame who gaif in the ^^^i^orfff of 

commissioun for the Parliament." 

" A missive to the Shireff of Dumbartane to mak a new electioun ot^^^^ 

Dumbarton 

commissioneris for the Parliament yf the personis alreddie chosin be not and election of 

1 • ■« r • A • 1 1 • »> Commissioners 

his MajesteiS vaSSalllS. for Parliament 

foi. 111. b. " Assignis to the Shireff of Lanerk the xvij of Marche betuix and thcgij^^ff ^^^ 

whilk he sould reporte the commissioun for the Parliament." i^nark and 

-'- the same. 

" Continewis the Erie of Seafortis patent to Thurisday and ordanis the 
pairtyis to haif in reddynes quhat thay will say that day." Seaforth's 

" That letters be direct to denunce the shireffis who hes not produceit^**®"*' 
the commissiouns for the Parliament." tte^af^i^. 

j^^3^***™» " ^^^^ sacred Soverane, By your Majesteis letter of the 23 of January sionem for 
FoL 151, b. last we have understood to our unspeekable comfort your Majesteis godlie 

zeale and constant resolutioun to mainteane in puritie the trew religioun Hoiwe, 3rd 
and to punishe the contrarie professours, for which (as in dewtie boundin) f ©^ruary 1629. 

^^.1, i^.-..« 1 n. 1 Letter from the 

we pray God to blesse your Majestic f rome above and to prolong your Council to his 
dayes heere upoun earth for the confort of his Church and the quyet of ^^^ jJ^^g^J^^^ 
the estait. This day being appointed to the Marqueis of Huntlie to have ?^^^7.* Jj^ 
givin ane accompt of his diligence in the executioun of these warrands execute his 
grantit unto him as shireff, landslord, and maister, for apprehending of henSi^*^^"^ 
certane Jesuits, seminarie preists and excommunicat rebellis resorting in ^^Sm^els 
his bounds, dwelling upoun his lands and beiring publict charge and office responsible, 
under him, he compeired be Williame Gordoun, his shireff depute of hisMaJ(M^^to 
Abirdein, whois sclender excuse and verball report being heard andJ;PF^*^^P^jj 
considderit be the table, togidder with the informatioun of the commis- give effect to 
sioners frome the clergie of the dioceis of Aberdein and Murrey tuicheing 
the truthe of the Marqueis his cariage in that service, it wes foundin be 
the voices of the haill table that his behaviour and proceedings thairin 
wes altogidder elusorie and that he had done no kynde of diligence, 
nather wes thair anie probabilitie or likliehood that he would performe 
the same, for the which his contempt and carelesse neglecte of his dewtie 
in this so important a bussines he is ordained to be denunced your 
Majesteis rebell, and that no suspensioun be grantit thereof bot in presence 
of a full nomber of the Counsell. 

" By these new greevances heerewith sent up to your Majestic and by 
a letter direct frome the Bishop of Murrey to the Erie of Monteith, 
President of your Majesteis Counsell, your Majestic may perceave the 
insufferable insolencies of the papists in the north, to quhat a fearfull 

VOL. m. 



34 REGISTEE OF THE COUNCIL. 1629. 

hight of arrogaucie and pryde they ar now growin, and how and upoun i^ai i^etten, 
quhat grounds thair confidence is upholdin, with the particulars quhairof FoL loi, b. 
being loath to trouble your Majestic we will remitt the relatioun thairof 
to suche of our nomber as ar now upoun thair addresse to your royall 
Court, who ar weill acquainted and wer present and assisted us in all 
our proceedings in that bussines. The service is great and the reall 
executioun thairof will muche import the establishement of religioun and 
peace of the countrie ; the Counsell can doe no more bot sentence 
the transgressours, the executioun of the law must be performed by your 
Majesbeis shireflFs and officers to whois charge it belonges ; wherein, 
becaus we perceave a great defect ather of power or willingnesse in the 
most pairt of thame, we will himiblie beseeke your Majestic (if so your 
Majestic sail be pleased to hearken to our former overture concerning a 
lieutennent) that your Majestic would make choise of some eminent 
persoun, sound in religioun and aganis whome thair is no suspicioun that 
for byrespects he may be misled to favour those aganis quhom he sail be ^o^- ^^^ *• 
armed with your Majesteis auctoritie. Quhairanent attending the 
significatioun of your Majesteis royall pleasure, quhairunto we sail con- 
forme our selffes with that faithfuU and humble obedience which 
becometh, we rest, etc. Halyruidhous 3 February 1629. Suhscrihitur, 
Mar, Hadintoun, Mairshall, Wintoun, Galloway, Seafort, Ad. B. of 
Dumblane, Hamiltoun, S. G. Elphinstoun, Scottistarvett, James Baillie." 

g^^yw^ Sederunt — Treasurer; Privy Seal; Mairshall; Wyntoun; Galloway ; ActoFebnian 

Fehniiryl629. Scaf ort ; Bishop of Dumblanc ; Clerk of Eegister ; Justice i629. 

Clerk ; Sir John Scot ; Sir James BaiUie. ^''^' ^' "" 

G€orgeAnder-"Anent the complaint made to the Lords of Secreit Counsell be the 

BOD. AidvOOftto 

in Aberdeen, Moderator and brethrein of the presbyterie of Aberdene makand mentioun 
be*puttotiw ^^^^ whair albeit the saying and hearing of messe and ressetting of 
^m for failing Jesuits and scminarie preists be verie straitlie prohibite and dischargit 
before the be the lawcs of this kingdome, notwithstanding it is of truthe that M' 
chM^eof** ® George Andersoun, advocat in Aberdene, M™ George and Gilbert Paips, 
^*°gj^°^®^ burgesses of Aberdene, ar ordinarie hearers of messe and ressetters of 
Jesuits, haunts and resorts with thame at all occasiouns, convoyes thame 
frome place to place throughout the haill bounds of the shirefdome of 
Aberdene and other pairts of the countrie as they have the occasioun, to 
the eflTect they may seduce and corrupt his Majesteis good subjects in 
thair religioun and allegeance with thair erroneous opiniouns ; and in 
speciall upoun the 25 day of Marche 1627 yeeres, being Pasche day, 
they avowedlie resorted to the hous of Williame Laing, burges of Aber- 
dene, to the hearing of thair idolatrous messe, and at diverse and sindrie 
other tymes sensyne they have had both quyet and publict resort to the 
hous of M' Alexander Irwing, burges of Aberdene, where they have 
heard messes and uthers Popish exercises made unto thame be divers 



1629. CHAKLES I. 95 

^u^ehruary Jeguits and seminarie preests, behaving thameselffes heerin as though 
1629. they wer nather subject to his Majesteis lawes nor the trew religioun 

°* ** presentlie professed within this kingdome and discipline of the Kirk, to 
the disgrace of his Majesteis governement, offence of God, and scandall of 
the Kirk. And anent the charge givin to the saids M' George Andersoun, 
M" George and Gilbert Paips, to have compeired personalUe before the 
Lords of Privie Counsell this present fyft day of Februarie instant to 
have answered to the premisses and to have heard and scene suche ordour 
tane thereanent as the saids Lords sould think expedient under the pane 
of rebellioun and putting of thame to the heme, with certificatioun to 
thanie and they failyied letters sould be direct mnplidter to putt thame 
thairto, lykeas at mair lenth is conteanit in the saiJ complaint, execu- 
tiouns and indorsatiouns thairof ; quhilks being callit and the saids per- 
sewers compeirand be M' Williame Guild and M' Alexander Eos, 
commissioners for the diocie of Aberdene, and the saids defenders being 
oft tymes callit and not compeirand, the Lords of Secreit Counsell ordanis 
letters to be diiect charging oiiiciars of armes to pas and in his Majesteis 
name and auctoritie denunce the saids M" George Andersoun, George and 
Gilbert Paips, our Soverane Lords rebelUs, and putt thame to the home 
and to escheate." 

" The whilk day the missive letter underwrittin signed be the Kings letter from 
Majestic and direct to the Lords of Secreit Counsell wes presented unto the counoi 
thame, of the whilk the tennour foUowes: — Charus R, Eight trustie p^^tJ^if^ ^^ 
and weilbelovit cousine and counsellour, right trustie and weilbelovit NorUi. 
cousines and counsellours, and trustie and weilbelovit counsellours, we 
greete yow weill. Having receaved your letter concerning the insolent 
Foi. 85, b. behaviour of some Papists in the north and your care for remedie ttairof 
for whiche we give yow hearti^ thanks, as we are sorie that our lenitie 
with thame sould have produced no better effects, so we doe think that 
the clergie having had the care due to their charge and our lawes having 
beene putt in executioun against suche insolent persouns these disordours 
might easilie have beene prevented before they had come to suche a 
hight. Whairfoir to prevent the lyke disordour in tyme comming, our 
pleasure is that after dew tryell taikin of the insolenceis of the saids 
persouns yow punishe the committars thairof conforme to our lawes as 
the nature of thair offence sail require, and if anie shireff or officiar 
whatsomever sail neglect the doing of that whiche he hath in charge 
frome yow thereanent, as doeth belong unto his place, we sail upoun 
advertisement frome yow give such further ordour as we sail thinke most 
convenient for the good of the Churche and peace of that our kingdome 
both for apprehending and punishing of the committers of suche 
insolenceis and for order taking with suche magistrats and officiars as 
sail be found to have neglected thair charge thairin. And so, wishing 
yow to continew your care heerin and to advertise us frome tyme to tyme 
as yow sail finde occasioun, we bid yow fareweill. Frome our Court at 
Whitehall the 23 of Januarie 1629." 



36 REGISTER OF THE COUNCIL. 1629. 

Oiargetothe " Forsameekle as it is understand to the Lords of his Majesteis Pri vie Acta Febnury 
Huntiy and Counsell that James Grant in Daltaleis wes upoun the penult day of 1529. ^ 
^rSiend ^^7 1618 yeeres denunced his Majesteis rebell and putt to the^°^'^'^- 
^SStS^* home for not compeiring before his Majesteis Justice and his deputs at 
at the horn Vor a ccrtaue day bygane to have underlyne the law for the slaughter of 
of Vat^k " umquhile Patrik Grant in Lettache committit be him in maner and at 
LetSwS ^^^ tyme specifeit in the criminall letters raised thereanent, as the samine 
dewlie execute/ indorsat and registrat aganis him beiris, at the processe 
whairof the said James hes most proudlie and contempnandlie remained 
since the tyme foresaid of his denunciatioun as he does yitt unrelaxt, 
and to the forder contempt of justice he hes associat unto himselffe a 
nomber of brokin Hieland men of the Clanrannald, Clangregour, and 
others nefarious malefactors out of Strathspey and Stradoun and with 
thir lawlesse lymmars armed with unlawfuU weapouns he goes athort 
the countrie committing opin stouthes, heirships, sorning, and depreda- 
tiouns in all pairts of the countrie and upoun all his Majesteis good 
subjects where he may be maister, especiallie upoun the kin and freinds 
of Patrik Grant of Ballindallach, and hes now in end debordit in suche 
ane excesse of unsuflferable villanie that he hes takin a direct banne? 
aganis his Majesteis auctoritie, carying himselffe in all his actions as if 
he wer not subject to law nor justice, and as if his Majesteis royall 
arme wer not able to overtake him ; and in thir his lawlesse and insolent 
proceedings he is strenthenned and emboldenned by the countenance and 
ressett whilk he finds in the countrie, whereby all the warrands and 
conmiissions direct furth aganis him ar made ineflfectuall and -voide ; 
whiche being a mater of most pernicious preparative and whiche con- 
cemes his Majesty in honnour and justice, to give ordour for appre- Foi. 86, a. 
hending of this avowed rebell and making him lyable to the course of 
justice, Thairfoir the Lords of Secreit Counsell ordanis letters to be 
direct charging George, Marques of Huntlie, Johne, Earle of Mar, 
George, Lord Gordoun, Sir Alexander Gordoun of Clunie, Grant 

of Glenmorestoun, Robert Inneis of Balvenie, Grant, Tutour of 

Carroun, Margaret Sinclair, relicc of the goodman of Carroun, Johne Dum- 
breck of Urtane, and Sir John Grant of Freucliie, within whois bounds 
the said James Grant, rebell, ordinarilie resorts and hes his cheefe 
ressett and maintenance; lykeas the saids Lords gives and grants full 
power, warrand and commissioun unto thame and everie ane of thame 
respective and to thair baillies within thair awin bounds, to pas, searche, 
seeke and take the said James Grant, rebell, whair ever he may be appre- 
hendit, and to putt him in sure firmance and captivitie till he be 
exhibite to his tryell, and for this effect that they give strait command, 
warrand, and directioun, everie ane of thame to thair awin men, tennents 
and servants, and cans intimatioun to be made to thame thairof at thair 
parish church upoun a Sonday in tyme of Divine service that their saids 

^ See Index to immediately preceding voluuie of the Register, imdor Patrick Grant* 



1629. CHARLES I. 37 

Act* February tennents nor nane of thame ressett nor supplee the said rebell nor 
1629. furnishe unto him meate, drinke nor anie other thing confortable unto 

FoL 86, a. j^^^ j^^. •£ j^^ ^^jj jjg^ppjj^ ^ come in thair obedience or that they know of 

his lurking and residence therein that they notifie the same unto their 
maisters and landslords with all possible diligence, raise the countrie and 
persew the rebell and his complices with all kynde of hostilitie : Lykeas 
the saids Lords exoners and discharges the commissioners foresaids, thair 
men, tennents and servants and others assisting thame in the executioun 
of this commissioun of all cryme and pane that may be impute unto 
thame or whiche they may underly upoun occasioun of the persute of 
the said rebell and his complices and freethes and releeves thame thairof 
for ever : Commanding heereby all and sindrie his Majesteis lieges and 
subjects to ryse, concurre, fortifie and assist the said commissioners 
everie one of thame within thair awin bounds in the executioun of this 
commissioun and to use thair best care and diligence for the discoverie 
and apprehending of the said rebell and exhibitioun of him to justice 
as they will answere upoun thair dissobedience at thair highest charge 
and perrell, certifeing all the saids maisters and landslords if they sail be 
found remisse and negligent in the carefull executioun of that which is 
heerby committit to thair charge, or that they sail ather neglect the 
service or give connivence and oversight to the said rebell to continew 
in his rebellioun, that they sail be callit thairupoim to thair answere, 
and upoun tryell of thair slacke and undewtifull behaviour in this so 
important a bussynes that they sail be punished in thair persons and 
goods according to the lawes and Acts of Parliament made in that 
behalfife." 

" Forsameekle as in the moneth of under silence of night there Reoommenda- 

, tion to the 

hes fallin out by the unsearcheable providence of the Almightie God, liegea to oon- 
whilk by no humane witt nor foresight could be prevented, suche ane J2iJf*Sf*l)avid 
fearefull, suddane and unexpected accident, lyke ane thunderclap, upoun j^JJ°^^°^ 
the lands of Powes and Powmylne perteaming to David Eollock of others, whoee 
FoL 86, b. Powes, and Eobert Johnestoun of Powmylne and upoun the lands per- i^n mined by 
teaning to Patrik Bruce of Corsebruike and Thomas Bruce of Woodsyde^^PP^^' 
that the lyke wes never heard of in anie kingdome or age, in so farre as 
ane great and large mosse of the thicknesse of ane speir hes beene drivin 
by the force and violence of wind and water fra the firme groimd and 
bounds where frome all begining it unmoveablie stood to the lands of 
Powes and Powmylne and others lands of the persouns foresaids distant 
thairfra be the space of , and hes overflowed and covered the 

saids whole lands and hes tane ane solide, firme, and sattled stand there- 
on, hes overturned the whole houses for the most pairt of the saids 
lands, so that twentie famileis wer constrayned for lyfife and deid 
and with the extreme hazard of thair ly ves to flee and leave thair houses 
and all within the same to the violence of the mosse. And now the 
saids lands whilks wer good arable ground bearing wheate, beir, and all 



38 EEGISTEE OF THE COUNCIL. 1629. 

other grayne, ar turned into a blacke mosse without all possibilitie ^r A^FeVraary 
hope of recoverie ; and the gentlemen, awners of the lands, who and i629. 
thair predecessours wer men of good accompt, able to serve the King ' • » • 
and countrie and charitabHe disposed to the releefe of all distrest people, 
ar upoun a suddane turned beggers, having nothing hot the miserable 
face of a blacke mosse to looke unto in place of thair pleasant and fer- 
tile ground; And whereas this fearefuU visitatioun hes proceedit 
immediatUe frome the hand of God, whois Divine chastisements must 
with a Christiane resolutioun be embraced and susteaned, it becometh 
all good Christians who ar feeling members of this bodie, to resent the 
distresses and misereis of thir poore gentlemen and by thair cheerefuU 
benevolence to contribute a pairt of thair meanes whairwith it hes pleased 
God to blesse thame towards thair releefe. For whilk purpois the Lords 
of Secreit Counsell hes recommendit and be the tennour heerof recom- 
mends the saids distrest gentlemen to the favourable charitable and 
Christiane consideratioun of the whole Estaits both spirituall and 
temporall within this kingdome and to the whole persouns of whatsom- 
ever ranke, qualitie or degree within the same, requeisting and desyring 
thame and eveiie ane of thame to extend suche proportioun of thair 
liberalitie and charitie to the saids gentlemen as the importance and 
necessitie of the cans requires. And the saids Lords hes committed and 
be the tennour heerof committs the coUectioun of this contributioun and 
benevolence of the people to the persouns particularlie underwrittin, and 
to twa and twa of thame conjunctlie, according as they ar heere con- 
joynned and as they sail be directit to the severall parts and comers of the 
countrie, viz., to M' Williame Stewart, baillie of Glasgow, and David 
Johnestoun, indweller in Cowper of Fyffe, conjunctlie ; to Celine Camp- 
bell of Bighall, and M' Williame Edmiston, minister at Kilmadock, con- 
junctlie ; to Hercules RoUock, indweller in Dundie, and Alexander Forbes, 
burges of Aberdene, conjunctlie ; to Lewes Somervell, servitour to the 
Lord Areskine, and Johne Johnestoun, indweller in Edinburgh, conjunct- Foi. 87 a 
lie ; to James Sutherland, Tutour of Duffus, and Johne Bruce, servitour 
to the Ladie Duffus, conjunctlie ; to James Caddell, fear of Aslowne, 
and George Bruce, burges of Aberdene, conjunctlie ; to Eobert Keith, 
prove-st of Monrose, and M' Williame Keith of Bruntoun, his • brother, 
conjunctUe ; and to Thomas Moncur of Ferdell and Johne Hamiltoun, 
chamberlane of Arbrothe, conjunctlie ; who ar men of approvin credite, 
honestie and reputatioun, and will deale faithfuUie and uprightlie in this 
bussines and conceale nothing that will be givin be the people to this so 
good and necessar a worke ; givand, grantand and committand unto thame 
and everie twa of thame as they ar abone conjoynned full power, warrand 
and commissioun to deale and travell with the whole archbishops and 
bishops, noblemen, barouns and gentlemen, synods, presbytereis, and 
sessiouns of kirks, burrowes, touns and villages and with all other his 
Majesteifi subjects als weill to burgh as land anent thair benevolence and 



1629. CHAELES I. 39 

^.<^«f>™«^ charitable and Christiane contributioun to be givin out of thair good 
1629. discretioun for the helpe and supplee of the saids gentlemen ; whilks 

^' ' ^ commissioners saU have a book delyvered to thame be the Clerk of his 
Majesteis Counsell whairof everie leaffe sail be marked be the said Clerk, 
within the whilk book the saids Lords requeists all and everie persoun 
who sail contribute to this worke to insert or caus be insert the sowmes 
of money that they sail contribute and advance in this earand. And if 
anie persoun or pei'souns be sleuthe or negligence sail refuise or forgett 
to insert thair contributioun, ordanis and commandis the saids com- 
missioners to insert the saids contributiouns thame selffes, and that they 
report thair diligence in the premisses with thair bookes conteaning the 
names of the whole persouns contributers and sowmes of money collected be 
thame to the saids Lords upoun the first day of August nixtocome to the 
intent the saids Lords may know what sowmes of money ar collected and 
how the same sail be imployed. And the saids commissioners sail give 
thair great and solemne oath at the reporting of thair dil^ence and bookes 
foresaids that they have not omitted nor left out of the saids bookes aaie 
of the persouns names that contributed nor the sowmes nor no pairt 
thairof that sail be advanced in this earand : Eequeisting alsua the saids 
archbishops and bishops to give directioun to the ministrie within thair 
dioceis that they admonishe and stirre up thair flockes and parochiners 
to putt to thair helping hand in this so important and necessar a 
caus." 

" The whilk day the Lords of Secreit Counsell, according to ane warrand Admission of 
and directioun in writt signed be the Kings Majestie and this day pre- Baiiiie to the 
sented unto thame, ressaved and admitted Sir James Baillie, knight,^ to ^^'' 
be ane of the Privie Counsell of this kingdome, and to bruike and injoy 
all honnours, digniteis and preeminenceis proper and dew unto that place; 
lykeas the said £ir James being personallie present and acknowledging 
with most submissive and dewtiful respect his Majesteis gratious favour 
F'»i. «7, b. showin unto him in the preferring and advancing of him to his high 
place of honnour and dignitie, he with all dew reverence on his knees, 
his hand lying upoim the halie evangell, made and gave his solemne oath 
of alledgeance and the oath of a privie counseller. Followes his 
Majesteis missive for warrand of the Act abonewrittin. — Charles E., 
Right trustie and weilbelovit cousine and counsellour, right trustie 
and weilbelovit cousines and counsellours, and trustie and weilbelovit 
counsellours, we greete yow weill. Whereas being enformed of the 
sufficiencie of Sir James Baillie, knight, and of his afifectioun to doe us 
service we ar moved in regaird thairof and for his better encouragement 
and enabling for our said service to advance and promote him to be one 
of our Privie Counsell in that our kingdome, it is thairfoir our will and 

Sir James Baillie of Lochend, one of the of War for Scotland, and had showa great 
receirers of his Majesty's rents, had been energy in that capacity. See Index to the two 
pnsvionsly appointed a member of the Council preceding volumes of the Begiater* 



40 REGISTER OF THE COUNCIL. 1629. 

pleasure and we doe heereby require yow that having administred ^^^f^J'!™^ 
him the oath accustomed in the lyke caise yow admitt him to be one of 1 629. 
our said Privie Counsell, ressaving him in that place as one of your'^ '' ' 
nomber. For doing whereof these presents sail be unto yow a sufl&cient 
warrand. Frome our Court at Whitehall the fyft day of Januarie, 
1629." 
Sir John « Aucut our Soverane Lords letters direct, makand mentioun, Forsa- 

Preston of . 

Vaiieyfieid mcikill as there is great appearance of trouble lyke to fall out betuix Sir 
find surety Johnc Prestouu of Walifcild, on the ane pairt, and Robert Bruce of Blair- 
k^* Wfi^ ^^^ ^^^' George Bruce of Carnock and Alexander Bruce, his brother, on the 
Majesty's other pairt, whilk will not faile to produce some inconvenient to the 
Seeflwite,p.26. disturbance and breake of his Majesteis peace without remeid be 
provydit. And anent the charge givin to the said Sir Johne Prestoun, 
Robert Bruce, George and Alexander Bruces, to have compeired 
personallie before the Lords of Secreit Counsell at a certane day bygane, 
to have underlyne suche ordour as sould be tane with thame anent the 
observing of his Majesteis peace under the pane of rebellioun and putting 
of thame to the home, with certificatioun to thame and they failyied 
letters sould be direct simplicity to putt thame thairto, lykeas at mair 
lenth is conteanit in the saids letters, executiouns and indorsatiouns 
thairof, quhilks being callit and both the saids parteis compeirand per- 
sonallie, the saids Lords having examined thame upoun the ground, cans, 
and occasioun of thair present grudge and contraverseis betuix thame, it 
wes alledgit be the said Sir Johne Prestoun that the said Alexander 
Bruce wes diverting and drawing the water by the accustomed course 
and passage fra his mylne of Torrie and that he wes casting a damme 
and levell for that efifect, and that mater being under submissioun 
betweene thame, the said Alexander, notwithstanding of the submissioun, 
in the tyme thairof wes still going on in his worke. JVTiairunto it wes 
answered be the said Alexander that nothing done be him since the tymeFoi. 88, a. 
of the submissioun anent the said damme sail inferre anie possessioun to 
him. Whilk declaratioun and answere made be the saids parteis being 
heard and considderit be the saids Lords, and they conceaving that there 
is a great heate and passioun betuix the saids parteis whilk may procure 
the trouble and disquyet of the countrie, Thairfoir the saids Lords ordanis 
thame to find lawsouertie to others hinc indc actit in the bookes of 
Secreit Coimsell, ilke ane of thame under the pane of fyve thowsand 
merkes." 
bai^M?of^^^' William Dick, merchant burgess of Edinburgh, compeared and became 
Edinbuiigh, cautioner for Robert Bruce of Blairhall, George Bruce of Carnock and 
cantionerfor Alexander Bruce, his brother, each in 5000 merks (of which one half to 
of°BiairhS*^ go to his Majesty and the other half to the party aggrieved) that they 
^^°J^J^*^*will not directly nor indirectly molest Sir John Prestoun of Walifeild, 
mofeat Sir nor his family, servants nor tenants, in their persons or goods, save by 
•""-^*»°- order of law. « ' ^ 



1629. CHARLES I. 41 

AetoFabroMy Eobeit Seatoun, servitor to the Earl of Wintoun, compeared and Caution fop Sir 
1829. ^ became cautioner in similar terms for Sir John Prestoun of Walifeild, 
FoL 88, a. ^y^^ he will not molest the Bruces above named. 

5*^^ [Sederunt as recorded above.] 5°^^^, 

NoTwnber »• J House, 6th 

1«27-Jinuaiy February 1629. 

Fol'i«7,». Complaint by John Blair, procurator in Edinburgh, as follows: — HeJ^™^P^j^*^^y 
FoLi«7,b. has been warded in the tolbooth of Edinburgh on a caption raised by procurator *in 
John Wilsoun, son of Jcunes Wilsoun, burgess of Glasgow, for non-pay- aff^jUtTohn 
ment of £120, and at the instance of George Norrell, notary in the^^°»^i^°^^^ 
Cannogait, for not paying him £100, and he has been in this ward ten burgess of 
weeks now, having nothing to sustain himself, and " being ane aged man George * 
of fourescore yeeres of age, sicke and infirme, not able to stand upounno^I^^Jnthe 
his feit." Although he has always been willing to give these his creditors fj^'^^^^^f^.^^'" 
all the security in his power, for his relief ; viz., to the said John Wilsoun in &e Tolbooth 
infeftment of his land lying in the Cowgait "in ane annuelrent of ten for ^ m urg . 
the hundreth,** and to Norrell, " infeftment of ane annuelrent of twentie 
merkes " paid to the complainer out of land belonging to the deceased 
William Blfidr, maltman in the Cannogait, and wadset to the complainer 
in security of 200 merks, the rights of which are in Norrell's possession, 
and that he has paid the interests up to Whitsunday 1629, yet they refuse 
to accept the securities and " most unchristianlie " detain him in ward. 
Charge having been given to the said John Wilsoun and George Norrell, 
and also to John Sinclair, one of the bailies of Edinburgh, in name of the 
Magistrates thereof, to produce the complainer, and both pursuer and 
defenders compearing, the Lords, with the consent of the defenders, 
FoL 168, a. ordain the provost and bailies of Edinburgh to liberate the pursuer, 
seeing he has enacted himself under a penalty of 500 merks, besides the 
payment of the sums for which he is warded, to re-enter the said ward 
six weeks hence, and has undertaken in the meantime to take some 
course for satisfying his creditors. Here follows liis act to the above 
efTect. 

Complaint by John Trinche, son to the deceased Marion Hardie, wife j°?*pS^*^ ^ 
of John Trinche in Haymouth, as follows : — The said Marion Hardie in Eyemouth 
upon some sinister information by her "unfreinds," though guilty of no^^^ 
crime, was apprehended by the Sheriff of Berwick and warded in " the ^l^'Ji* ^^ *^ 
pitt of Haymouth.'* She was there " in great miserie," but being " under assault on his 
the hand of justice" ought to have been in safety. Yet on 19th January Manonkardie, 
last, Duncan Kendla, keeper of the said pit, John Gray and James '^^'^ ^^°®*^^' 
Sinclair, cordiners, James Wilsoun, tailor, James Ker, weaver, in Hay- 
mouth, and Thomas Hynde, servitor to John Brown there, with 
others, went to the said pit, and without warrant or commission 
"aganis the compleaner, putt violent hands in her persoun, band 
her armes with towes, and so threw the same about that they dis- 
joynted and mutilat both her armes, and made the sinewes to loupe 



42 



REGISTER OF THE COUNCIL. 



1629. 



The letters in 
the Spanish 
ship. 
Seeaji«<?,p.32. 



Anent the 
erection of 
Stornoway into 
a royal burgh. 



Mourning to be 
worn by the . 
Lords of 
Council and 
the Lords of 
Session for the 
death of the 
Prince of 
Bohemia. 



asunder, and thairaf ter with thair haill force drew ane great tow about her P*"**?^ 
waist, kuist her on her backe, and with thair knees they birsed, bruised and 1627-JanuarT 
punsed her so that she wes not able to stirre, strake the heid of ane speir p^i 168 a. 
throw her left foote, to the effusioun of her blood in great quantitie and 
perrell of her lyffe, wherethrow she lay bedfast in great pane and dolour 
a long tyme thairafter.*' Charge having been given to the persons 
named, and the pursuer compearing but none of the defenders, the Lords 
ordain them to be denounced and escheat. 

" The quhilk day M' Williame Levingstoun, Admirall Depute, com- ^^™**' 
peirand befoir the Counsall, declairit that the most pairt of the letters FoL iii, b. 
being in the Spanishe ship tane be the ship of Birsto wer brynt and the 
few nomber that remaynes ar in the maisteris cabinett. Ordanis M"" 
Williame to exhibite suche of the letters as ar extant this day xv dayis." 

"The Lordis, according to the directioun of his Majesteis letter, FuL 112, a, 
remittis to the Exchekquhair the advising of the ansueris, replyis and 
duplyis, maid and gevin in for and aganis the Earle of Seaforte his 
patent for erecting of the toun of Stranway in a burgh regall." 

" The Lordis, according to his Majesteis directioun signifyed unto 
thame be Sir James Baillie, and for testificatioun of thair trew greifF and 
sorrow for the untymous deathe of the worthie and hopefull Prince of 
Boheame, thay haif resolved and appointed to be all in muming ; and 
ordanis Sir Johnne Scott to mak intimatioun thairof to the Lordis of 
Sessioun to the intent thay may conforme thame selffis thairto."^ 



Holyrood 
House, 10th 
February 1629. 



Treasurer ; Privy Seal ; Maiishaell ; Lord Arskene ; Bishop of 
Dumblane ; Advocate ; Justice Clerk ; Sir John Scott. 



Anent the 
dispute 
between the 
Lairds of 
Carron and 
Ballindallach. 



" The Lordis haveing hard and considderit the depositiouns of the 
witnessis produceit be the relict of James Grant of Carroun on the one 
pairt, and be Ballindallach on the other pairt, for cleiring of the cir- 
comestanceis of the slauchteris fallin oute betuix thame, the Lordis 
ordanis the depositiouns to be send to his Majestic with ane letter of 
thair awne." 



[Sederunt as recorded above.] 



Holyrood 
House, 10th 
February 1629. 
Supplication 
by Andrew 
Anderson, 
indweller in 

Edinburgh, for not Compearing to answer to a complaint of wounding him with a 



Decreta, 

November 

1627-January 

Complaint by Andrew Andersoun, indweller in Edinburgh, as follows : — Foi.'i68, b. 
He has been denounced at the instance of Thomas Crawfurde in Kirkurde 



^ The prince here meant was the eldest son of 
Frederick V., the Elector Palatine, the hus- 
band of Charles's sister, Elizabeth. He met his 
death under peculiar circumstances. His father 
had been on a visit to Amsterdam in connection 
with money which he had deposited in the 
bank of that city. On leaving Amsterdam the 
father and son were crossing the Haarlem 



Meer in the common packet-boat which upset 
from excess of cargo. The prince clung to the 
rigging, but next morning was found frozen to 
death and half immersed in water. His father 
was known for his niggardly temper, and it 
was made a bitter reproach to him that his 
miserable economy in sailing in the common 
boat had been the cause of his son's death. 



1629. CHAELES I. 43 

^>KKiM, fork; but he ought to be relaxed, as he has fully satisfied the said gainst 
itSz-Janniry Thomas for the injury done to him, and he has freely remitted the same, Crawford in 
fT'i68, b. 2Lnd given his consent to this relaxation, as their agreement produced to ^^"n'^on of 
Foi.169, a. their Lordships bears. Charge having been given to the said Thomas ^o""**?- 
Crawfurde, and the pursuer compearing but not the defender, the Lords 
grant suspension as craved. 

Petition by John Cocke, writer to the Signet, as follows : — Mr. James Petition by 
Stewart of Ladywell, Commissary of Dunkeld, with consent of Alexander, writer to the 
Bishop of Dunkeld, on 28 th January last, appointed the petitioner Com-^^^jg^y_ 
missary depute within the bounds of the said Commissariot of Dunkeld depute of 
situated on the south side of the Water of Forth and comprehending the be may be 
parishes and parish kirks of Abircome, Crawmond, Aberledie, Bonkle, E^™ h^ 
FoL 168, b. and Prestoun in the Merce, with power to hold courts and conduct the ^^J^jj ^® 
Commissary business. Now, there is no settled judicatory within these Edinburgh. 
bounds, and the petitioner's predecessors were in use to hold their courts 
within the tolbooth of Edinburgh, as the nearest and most convenient 
place, and accordingly he craves warrant and dispensation from their 
Lordships for the same effect to himself, which the Lords forthwith 
grant. 

James Phin, mariner, who for "misbehaviour and bragging aganis ^® ^^^^^^^ 
Alexander Browne, merchant burgess of Edinburgh," had been required ^b of Japaes 
to find lawsurety to him in 500 merks, compeared and deponed on oath as he cannot ' 
that he could find no one to be cautioner for him. The Lords therefore cautioner, 
took his own great and solemn oath to the above effect. 
Commwdons, Commissiou under the Signet to the Sheriff of Dumf reis, the Laird Hoiyrood 

lfili-9). ^ 1 i» V House, lOtb 

Foi. 190, a. of Lag, and the provost and bailies of Dumf reis, or any three of them, February 1629. 
as justices, to hold courts and try Jean Smith in Amisfeild, who on ^^°™^gj^*^of^ 
January last came under cloud and silence of night and raised fire Dumfries and 
in the dwelling-house of Bessie Langtoun at the kirk of Tynnell " by jean^SmitRn 
insetting of a peit coale quhilk she caried frome her awin hous in Amis- ^ ^.^f^j^^^ 
feild toun, and sua most maliciously and wickedlie brint the said hous 
with sevinteen houses thairabout and the comes, goods and what ellis wes 
within the same." She has confessed to this, and there are not wanting 
presumptions that she also is guilty of setting on fire several houses " in 
Amisfeild toun, and at the barre of Tynnell." Signed by Mar, Hadin- 
toun, Mairshall, Areskine, Dumblane, S' George Elphinstoun, S' Thomas 
Hoip, and Scottistarvett. 

Pol. 190, b. Commission under the Signet to John, Lord Lowdoun, Shirefif of Air, Commi^on^to 

and his deputes, jointly and severally, as justices, to hold courts and try Sheriff of Ayr, 
Hew Torrence, "cowper" in Newmy lies, * who on 1st February instant, Torrance^for 
under cloud and silence of night, barbarously slew Bartilmew Kirkland, °^^»^*^**^'- 
and being taken " with the bloodie hand " is now prisoner in the jail of 
Newmyllis. Signed as above. 

j^i^ettera, " After our verie heartilie commendatiomis. We have receaved andHoi^ro<^^^^ 

FoL 162, a. considdcrit your report and diligence anent the nominatioun of com- February i629 



44 REGISTER OF THE COUNCIL. 1629. 

Letter of missioners for the ensewing Parliament: hot becaus we ar not certane J^gfL^tten 

Council to the ., ,. . . , i. , , , * , • ,^ . . i .ie284«. 

Sheriff of if tnir commissioners be f reehalders of his Majestie and so persouns of Foi. 162, a. 
desiringWm to *'^^^ qualitie as ar warranted be Act of Parliament to be commissioners, 
effect the ^nd least obiectioun be made aganis thame if they be not f reehalders of 

nommationof ,.^-...- i-a. • ii. -i. 

two person* his Majcstie, thesc ar thairfoir to requeist and desire yow to mforme your 
^mmiLioners selffe trcwlic and sufficientlie anent this point, and if yow shall find that 
ParHament.* thir commissioners ar not his Majesties vassalls and freehalders and so 
be the law capable of suche ane imployment, that immediatlie yow 
conveene the small barouns and freehalders of that shirefdome, and at 
their meeting that a new nominatioun and choise be made of twa 
sufficient and famous persouns, being his Majesteis vassalls and free- 
haldeiis, ather of thame having at the least ane fourtie shilling land of 
auld extent haldin of his Majestie, to be commissioners for the said 
Parliament ; and that yow report ane autentik act of thair electioun and 
nominatioun to his Majesteis Counsell betuix and the first day of Marche 
nixtocome ; quhilk looking assuredlie yow will doe, as yow respect the 
forderance and advancement of his Majesteis service, we committ yow to 
God. Frome Halyruidhous the tent day of Februarie 1629. Svhscribitur, 
Mar, Hadintoun, Marishell, Areskine, Dumblane, S' Thomas Hoip, S' 
George Elphinstoun, Scottistarvett." 

HoISTiV Sederunt — Treasurer; Privy Seal; Mairshall ; Galloway; Lome ; ^^«{>™'y 

February 1629. Areskine ; Tracquair ; Bishop of Dumblane ; Advocate ; Justice 1829. 

Clerk ; Sir John Scot ; Sir James BailUe. ^^^- ^ ^ 

In view of his « Forsamecklo as the Kings Majestie is resolved, God willing, to 
at the hounour this his ancient kingdome with his royall presence at the 

spnB^the^ approacheing Spring, and his Majestie will be accompanied with diverse 
^*^aiust*^the ^^ ^^® nobilitie, gentrie and others persouns of good ranke and qualitie of Foi. 88, b. 
importation of the kingdome of England, and his Majestie wiselie foreseing that it will 
is removed^by muchc import the honnour and credite of this kingdome that the same 
Cwinciir ^^ ^ sufficientlie provydit with all things necessar whilks may procure his 
Majesteis royall and contented receptioun heere, Thairfoir his Majestie is 
graciouslie pleased that the importatioun of wynes sail be free to all his 
Majesteis subjects at all the ports and bayes of this kingdome without 
anie trouble to be incurred be thame in thair persouns or goods, notwith- 
standing of anie acts or proclamatiouns formerlie made restrayning the 
importatioun of Frenshe wynes, whereanent his Majestie dispenses, they 
alwayes paying the accustomed dewtie and import to his Majestie, and 
with this special provisioun and prohibitioun that there sail be no sale 
of wynes at the port of Leyth till his Majesteis hous be first provyded. 
Thairfoir the Lords of Secreit Counsell ordanis letters to be direct to 
make publicatioun heerof be opin proclamatioun at the mercat 
croces of the heid burrowes of this kingdome and others places 
neidfull whairthrow nane pretend ignorance of the same/' 



1629. CHAELES I. 45 

ActaPehnmry " Forsameekle as the Kings Majestie hes by diverse letters directed to^^rgeUyihe 
!«». ^ the Lords of his Majesteis Privie Counsell recommendit unto thame to to appear'wah 
Foi. 88, b. jjg^^g ^ speciall care for the religious educatioun of noblemens children bSore^the" 
whois parents ar reputed to be disconforme frome the present profest ^'^j^^'^jl * . 
religioun to the intent they may be bred and trayned up in the trew direction may 
grounds of religioun ; Thairfoir the Lords of Secreit Counsell ordanis theS education 
letters to be direct charging Williame, Erie of Angus, to compeir per- »" !^o 
sonallie before the Lords of Secreit Counsell upoun the day of 

Februarie instant, and to bring, present and exhibite with him James 
Dowglas, his sonne, and Jeane and Margaret Dowglasses, his daughters, 
to the intent ordour and directioun may be givin for thair educatioun 
and breeding in the grounds of trew religioun, conforme to his Majesteis 
expresse will and pleasure signified to .the saids Lords for that effect, 
under the pane of rebellioun, etc., with certificatioun, etc." 

g;^ [Sederunt as recorded above.] HoKith 

Ig7-Jto««ry February 1629. 

Foi.'i«9,b. Complaint by William Inneis of Auchindurrane and Jeane I^^i^eis, ^™J^^^^y 
FoLi70,». his spouse, as follows: — On October last John Inneis ofofAuchin- 

Crombie came to the lands of Tullifaff and the complainer's house jtoninMs, 
there, and most insolently searched through the same for the said ^?^^^®'j^^ 
William Inneis to have slain him. Missing him, but meeting with the !"»«« ?' 
said Jean Inneis, his wife, he barbarously abused her " with battounes assault on tbe 
and rungs," to the great efifusion of her blood, and so " strake, birsed, i^'nef.^" 
and bruised" her that she has since been bedfast and is not like to con- 
valesce. Charge having been given to the said John Inneis, and the 
pursuer compearing but the defender not, the Lords ordain him to be 
denounced and escheat. 

Complaint by James Smallat, merchant burgess of Dumbartane, ^j^^^J***^ 
master and owner of the ship sometime called Tfie FrovideTice of Diim- Hector 
hartane, for himself and the remanent partners of the said ship and its and Hector ^^* 
cargo, as follows : — On 15 th July last Donald M^Hectour V^Rorie in^*^*^» , 

o » ^ younger, of 

Foi. 170, b. ScaUisdelbeg, John M^^Cachine V^Ewin, captain of Caimborrow, Lachlan, Dowart, 
his son, Neill Eoy M*^Gorrie in Ardisgage, Hector M^Ean Dowy V^^Lauch- re^^^is for 
lane in Borge, Lauchlane M^^Eane Dowie V*^Lauchlane there, John!|^^^^*° 
M^niewredie in Torsarie, Neill M^Carren, Archibald Eeoche Bea there, ^?^^^ 
Donald M^Illewredie there, Charles M°Lauchlane V^Ewin in Killenynyne, VRone and 
Hector M^Rorie Voir in Torlosk, John M^Donnald Ropiche in Fanmoir, ?h^Pr ° for** 
Murche M^'Intailyeour there, Murchie M^Gowy there, John, his son, ^gf^^^^^^ °' * 
there, John Dow M^Nucatter there, Mulchallum Neill Eir in Kilmichell, "AeProvi. 
John and Ferquhar, his sons, there, Lachlan M^Orkill in Cames, Donald Dumbarton." 
M**Lauchlane Roy there, Ewin M^^Gillechrist V^'Cartnay in Oskamull, 
John M^Donnald V^Shirrie there, Duncan M^^Eane Glas V^'Shirie there, 
Mr John Campbell in Corkamure, Gilmertene, his man, there, John 
M«Eane V^aldie m Collonsa, Donald M^^Eane Dowie V<^Caldie there, 



46 EEGISTER OF THE COUNCIL. 1629. 

Finlay Bayne M^Gressiche there, Gillicallum M^Vorchie in Abose, Decrota, 
Donald M^^Lauchlane Doy there, Donald M*'Donnald Reoche in Culle- i627-January 
nusche, Gillicallum M^Donnald V^Eane Veill there, Lauchlan M^^Donnald J^ 170, b. 
V^Gnorie in Ballezartna, John Dow M^Illereoche there, John M^Caldie 
Kil V^Ewin, Gillicallum, his son, there, Neill M^Donnald Roy V^Kaldie 
in Craigatge, Gnorie McNeill V^Donnald there, Dow M^Dowche V^Cleriche 
in Ormaige, John M^Worche V^Eane Doy there, M^Gnorie of 

Camakalliche, Molcallum APKaldie there, Xeill M<^Killereoche there 
Myldoniche M^Nokeardie there, Lauchlan M^Orkill there, Donald 
M^Lauchlane Roy there, Neill Kear in Nwa, Lachlan M^^Eane Doy 
V^Kaldie there, John Bayne M^Intailyeour [in] Dowchoren, Gillepatrick 
M^'Donuald Oig there, John M^Finlay Roy there, Rorie Nynidge in 
Frekadill, Archibald Reoche M^jSilliphatrik in Killenynyne, John Roy 
M^Eane Roy V*^Vorchie there, Neill McDonald Glas there, Donald 
Campbell M'^Donald V^Cleriche, Archibald Nafachie in Torlosk, Rorie 
M*^Eane V^^Kyniche there, Jolm M^Killenane there, Donald and Gilles- 
pick V^Eane V^^Kynnich there, John Oir there, Donald M^Eane Doy 
V^Eachin in Corkamure, Finlay M^Finlay Doy in Killurenane and John 
Roy M^Klinley Oig, piper, there, were put to the horn at complainer's 
instance for not compearing to answer for the spoliation of his ship and ^^^ 1^. » 
cargo (see Vol., II. p. 340), and they still remain thereat contemptuously 
unrelaxed. Now the said Donald M^Hectour V^^Rorie in Scallisdelbeg 
is man, tenant, and servant to M^Claine of Lochbuy, and all the 

rest are men, tenants, and servants to Hector M^Claine, elder, and 
Hector M^Claine, younger, of Dowart, his eldest son, and are such as 
they should answer for. Charge having been given to the said 
M^Claine of Lochbuy and Hector M^^Claine of Dowart, yqunger and elder, 
to produce these persons, and the pursuers compearing by George Deans, 
writer in Edinburgh, and the defenders not, the Lords ordain them to 
be denounced and escheat. 
Beggars. <i rpj^^|. ^.j^^ ^(jtis conccming beggaris be searched and produceit upoun Sedemnte, 

m, •„ j^„ tt 1625-29. 

Twisday. Foi. 112, b. 

Ma^rt "'anent " "^^^ article following wes contenit in Sir James Baillies directionis 
the importa- fromc his Majestic — Yow sail showe our pleasour to our Counsaill and 
Seeon/T^^, Exchcckquhair that thay gif intimatioun to all personis and at all placeis 
requisite that we haif grantit connivence for the importing of wynes, 
permitting every man at all the portis and bayis of that our kingdome 
freelie and without stop to bring home the same wynes, thay paying 
unto us the accustomat dewtie thairfoir, dischargeing alwayes at the 
porte of Leith all saile of wynes till our house be first sufficientlie 
providit." 
Ho!Sn2th " ^^^ sacred Soverane, Having in obedience of your Majesteis letter j^^Lottex^, 
February 1629. conveeuned before us the relict with some freinds of the lait Goodman FoL 153, a, 
Majeiy con- ^f Carroun, on the ane pairt, and the Goodman of Ballindallach, on the 
veying the other pairt, for cleering of the forme and maner of the slauchter that 



1629. CHARLES I. 47 

Boymi Letters, fell out betuix thame, and having heard and discust the objectiouns pro- depositions 
Foi. 153, a. pouned be either of thame «^anis the witnesses produced be thame in the^disput© 
this earand, we have verie strictlie examined the saids witnessis upoun cl^n ^d 
everie particular that might procure a cleere discoverie of the whole Baiiindaiiach. 
forme, maner and circumstances of that accident, whois depositiouns we 
have heerewith sent unto your Majestic, to the intent your Majestic, 
after consideratioim thairof, may, in the excellencie of your royall judge- 
ment, determine thairin accordinglie. And so, etc. Suhscribitur, Mar, 
Hadinton, Galloway, Dumblane, Areskine, Tracquair, S' George Elphin- 
stoun, Scottistarvet, James BaiUie. Halyruidhous, 12 February 1629." 

" Most sacred Soverane, The great scarce tie of copper coyne within hoI^^^^jj 
this kingdome and the greevous outcryes of the poore, quho ar thairby February i629r 
defraudit of thair charitable almes, togidder with the hinderance whiche Ma^^Jtypray- 
the want of small exchange hes occasiouned in the ordinar commerce and ing that he 
handling amongis the commoun sort of people, being represented unto us warrant for 
be the burrowes, and the aforesaids prejudices being weill knowin to us p^® ^^^"^5 °' 
all, we have thought good, for remedie thairof, to acquaint your Majestic twopenny 
with the same, and to become humble petitionei-s to your Majestic that the benefit of 
your Majesty would be graciouslie pleased to give warrand and direc- ^® ^*^**' 
tioun for striking suche a quantitie of copper coyne in penneis and twa 
pennie peeces for releefe of the poore as the Counsell, after considera- 
tioun, sail find the estait of the countrie to require. And so, etc. Haly- 
ruidhous, 12 February 1629. SfubscriUtur, Mar, Hadintoun, Galloway, 
Dumblane, Areskyne, Traquare, S' Thomas Hoip, S' G. Elphinstoun, 
Scottistarvet, James BaiUie." 



mJd"'™^ ^Sfedmwi^ — ^Treasurer; Privy Seal; Seafort; Lord Areskine; I^^d goi^ood^^^ 

1629. Carnegie ; Lord Jedburgh ; Bishop of Dumblane ; Advocate ; February 1629. 

' ' Justice Clerk ; Sir John Scot ; Sir James Baillie. 

" The whilk day the Lords of Secreit Counsell, according to ane warrand Andrew, Lord 
and directioun in writt signed be the Kings Majestic and this day pre- admitted a 
sented unto thame, ressaved and admitted Andro, Lord Jedburgh, to be™^™^?,^/*^ ^^^ 
one of the ordinarie nomber of his Majesteis Privie Counsell, and to 
injoy all honnours, digniteis and priviledges proper and dew to that 
PoL 89, A. place ; lykeas the said Lord being personallie present and acknowledging 
with most humble and dewtifuU respect his Majesteis gratious favour 
showin unto him in preferring him to this high place of honnour and 
dignitie he with most submissive reverence on his knees, his hand lying 
upoun the halie evangell, made and gave his solemne oath of allegeance 
and the oath of a privie counsellour. Followes his Majesteis missive for 
warrand of the Act abonewrittin : — Chakles E., Right trustie and right 
weilbelovit cousine and counsellour, right trustie and weilbelovit cousines 
and counsellours, and trustie and weilbelovit counsellours, we greete yow 
weilL Whereas being enformed of the sufficiencie of our trustie and 



48 REGISTER OF THE COUNCIL. 1629. 

weilbelovit Andro, Lord Jedburgh, and of his aflfectioun to doe us ser- Acta Peimiary 
vice, we ar pleased in regaird thairof and for his further encouragement ifl29. ^ 
and enabbng for our said service to advance and promote him to be one ^®^" ^' ** 
of our Privie Counsell in that our kingdome. It is thairfore our will and 
pleasure and we doe heereby require yow that having administred unto 
him the oath accustomed in the lyke case yow admitt him to be one of 
our Privie Counsell there, receaving him in that place as one of your 
nomber ; for doing whairof these presents sail be unto yow a sufficient 
warrand. Frome our Court at Whitehall the sixteenth day of Januarie 
1629." 
Acqaittance to « Forsameekill as the Kings Majestic by his letter writtin and directed 
Nithadftie and to the Lords of his Privic Counsell hes signified his royall knowledge 
aldiiiefor the that Robert, Erie of NithisdaiU, hes reallie bestowed the foure thowsand 
^^m?or**^ pund sterline whilk he did ressave for the leveying and transporting of 
the levy of somc forccs f romc this kingdome for the supplee of his Majesteis darrest 
eervicrofthe* uncle, the King of Denmarke, in the warres whairin he wes ingadged to 
mwf.^^^^^ that same use, for the whilk the said sowme wes destinat and appointed, 
Thairfoir the saids Lords, according to ane warrand and directioun in 
writt signed be the Kings Majestic and this day presented unto thame, 
exoners, releeves and discharges the said Robert, Erie of NithisdaiU, and 
Sir James Baillie, knight (who become suretie for the imployment of 
the saids moneyes towards the leveyes foresaids), of the whole con- 
ditiouns whairunto they wer bound by ane act insert and registrat in the 
bookes of Privie Counsell to that effect, and declaires thame and either 
of thame to be free of the said act and of thair oblissement foresaid for 
ever. FoUowes his Majesteis missive for warrand of the act abone- 
writtin. Charles R., Right trustie and weilbelovit cousine and coun- 
seUour, right trustie and weilbelovit cousines and counsellours, and 
trustie and weilbelovit counsellours, we greete yow weill. Whereas our 
right trustie and weilbelovit cousine and counsellour the Erie of Nithis- 
daiU did receave foure thowsand pund sterline for leveying and trans- ^©i- ^» *»• 
porting frome that our kingdome some forces for our uncle the King of 
Denmarke his better supplee in the warres whairin he is at this tyme 
ingadged, and since it is weiU knowin that the said Erie did not oneUe 
bestow the said foure thowsand pund reallie to that use, hot that the 
forces leveyed and transported be him stood to the said Erie to a good 
deale of more charges than the said foure thowsand pund, our pleasure 
^ thairfoir is that yow discharge the said Erie and our trustie and weil- 

belovit Sir James Baillie, knight (who become suretie for the imployment 
of that money in these leveyes), of the whole conditiouns whairto they ar 
bound by anie act for the said money and leveyes so conditiouned, for 
doing whairof these presents sail be unto yow a sufficient warrand. 
Givin at our Court at WhitehaU the 27^ day of November 1628." 
i^E^tthe " ForsameekiU as the slaying, selling, and eating of fleshe in Lentroun 

BeUiQg and hcs bcene upoun verie good respects and considerationis by diverse Acts 



1629. CHAELES I. 49 

ff Jf f •J*'«^ of Parliament and Secreit Counsell straitlie prohibite and f orbiddin under ©ating of aU 

16*2{>-July ^ kinds of flesh 

1529. eertane panes mentiouned and conteanned in the said Acts, by the quhilks during Lent 

* ' lykewayes the slaughter of wylde foule and vennisoun hes beene als^aSehS^of 
dischairged, as in the Acts made to this effect at morelenth is conteanit ; game within 
And whei-eas now there is a greater necessitie of the precise observatioun his Majesty't 
of the saids Acts nor there wes at anie tyme of before, seing his Majestie JJJJ^o'J^ " 
is resolved, God willing, in this approacheing Spring to honnour this his J^^,!?|KjL« 
ancient kingdome with his royall presence, and that the credite andviat 
reputatioim of the countrie requires that his Majestic and his tryne sail 
be abundantlie furnished with all kynde of fleshes, wylde foule, and 
vennisoun, during the tyme of his abode heere ; neverthelesse the Lords 
of Secreit Counsell ar informed that great nombers of persouns of all 
rankes and qualiteis, preferring thair awin privat contentment to his 
Majesteis obedience and to the honnour and credite of the countrie and 
to thair awin dewteis, ceasses not in tyme of Lent to sell, slay, and eate 
flesh at thair pleasure ; as alsua the slaughter, destructioun, and publict 
selling of wylde foule in opin marcats is more avowed since the making of 
the lait proclamatioun aganis the sla}dng and selling of the same nor it wes 
at anie tyme preceeding ; by the quhilk publict and disgracefull contempt 
of his Majesteis auctoritie and lawes there is verie great appearance that 
there will be ane universall skairsetie and dearth not onelie of all kynde 
of fleshes bot of vennisoun and wylde foule at the approacheing tyme of 
his Majesteis heere comming, whairupoun will not onelie follow the dis- 
credite and disgrace of the countrie but the high miscontentment and 
oflence of his Majestic if anie thing sail be enlaiking that may conceme 
his royall receptioun heere. And whereas the bypast connivence and 

FoL 90, a. oversight givin to persouns offending in this kynde is one of the cheef e 
inducements quhilk procures the universall contempt and breake of the 
law, and the Lords of Secreit Counsell, finding by experience that the 
dew executioun of the law aganis persouns offending is the most powerf ull 
meane to deteane thame under obedience ; Thairf oir the saids Lords hes 
resolved with all rigour and extremitie and without respect to persoims 
to punish all suche who darre presoome heerafter to violat the law in 
this so important a tyme when the observatioun of the same tuiches the 
countrie so neerlie in honnour and credite, Thairfoir ordanis letters to be 
direct to command, charge and inhibite all and sindrie his Majesteis 
lieges and subjects of what estait, qualitie or degree so ever they be, be 
opin proclamatioun at the mercat croces of the heid burrowes of this 
kingdome and uthers places needfuU, that nane of thame presoome nor 
take upoun hand during this forbiddin tyme of Lent to eate or make 
readie for eating anie kynde of flesh under the paines following to be 
uplifted of everie persoun contraveening so oft as they sail failyie, that 
is to say — of everie earle, ane hundreth punds; of everie lord, ane 
hundreth merkes ; of everie baroun, f ourtie pund ; of everie burges, 
oastler, and commoun cooke, that sellis meit and drinke, fourtie pund ; 
VOL. m. D 



50 EEGISTER OF THE COUNCIL. 1629. 

and of everie other gentleman suche sowmes of money as sail be impoeed f^K*"*^ 
upoun thame be the judges before whome they sail be tryed ; As alsua i(529. 
that no fleshours presoome nor take upoun hand to slay or sell fleshe ^' ^' ** 
during the tyme foresaid under the pane of fourtie pund so oft as they 
failyie ; and by and attoure the payment of thir pecuniall sowmes the 
offenders sail be severelie punished in thair persouns be warding and 
otherwayes to the terrour of others to offend in the lyke kynde heer- 
after. And siclyke to command, charge and inhibite all and sindrie his 
Majesteis lieges and subjects of what estait, qualitie or degree so ever 
they be, that nane of them presoome nor take upoun hand to hunt, shoot 
or slay anie deir or rae in anie of his Majesteis forrests or parkes or in 
anie other pairt of the kingdome or to hunt haires ather with ratches or 
grewhoundes within aucht myles of his Majesteis palaces of Linlithgow, 
Halyrudhous, Stirline, Dumfermline, Falkland and burrowes of Perth 
and Brechin, certif eing all suche who sail presoome to doe in the contrair 
that they sail be punished in thair persouns and goods with all rigour 
conforme to the Acts and proclamations formerlie made thereanent. 
And siclyke to command, charge and inhibite all and sindrie his Majesteis 
lieges and subjects that nane of thame presoome nor take upoun hand to 
sell, buy, slay or eate anie kynde of lambes, nor any powttes, nor other 
kynde of wylde foule untiU the tyme of lus Majesteis comming to this 
kingdome, under the pane of fourtie punds to be incurred be everie Foi 90,'.b. 
persoun or persouns contraveening so oft as they sail happin to failyie ; 
certifeing thame that sail doe in the contrair that besides the payment 
of the particular sowmes abonewrittin they sail be punished in thair 
persouns be wairding and otherwayes to the terrour of uthers. And 
siclyke to command all and sindrie shirefls, Stewarts, provests and bailleis 
within burgh and all others bearing anie publict oflSce or charge within 
this kingdome that they and everie ane of thame within the l)Ounds of 
thair severall offices and jurisdictiouns have a speciall cai^e and regaird to 
see this present act observed in everie point, and that they caus attend 
thair mercats and caref ullie foresee that no lambes nor no kynde of wylde 
foule young or old be bought or sauld within the same ; and where they 
sail happin to discover anie persoun or persouns contraveening tliir pre- 
sents in anie point of the premissis that they take speciall notice of 
thame and informe the Lords of his Majesteis Privie Counsell thairof, to 
the intent the offenders may be callit, conveenned, persewed and punished 
accordinglie, as they and everie ane of thame will answere to the saids 
Lords upoun the dewtifuU discharge of thair offices." 
The anna to be " The Lords of Secreit Counsell having heard the propositioun and 

camed at nia ^ * ir 

Majesty's doubt movcd by the Lyoun Herauld whether or not at his Majesteis 
corona on. coronatioun he sould carie the single armes of Scotland or the armes 
quartered as now is used, the Lords thinkes that the heraulds must carie 
the armes quartered and mixt with these of England, France, and 
Ireland, according as hes beene heeretofore observed in all publict 
solemniteis both in Scotland and England." 



1629. CHAELES L 51 

AcuFehfUEfy "The Lords havinff seene the Lyoun Herauld, theheraulds and purse- Coata of arms 

ie2Wuly X .1 . . I. .1 / 1 .1 «. . ^ 1 .1 X .1 . at the oorona- 

1829. vante thair coates of armes, they find the same sufticient, and that thairtion, 

FoL 90, b. jg ^^ necessitie to renew or repaire the same." 

" The Lords of Secreit Counsel! having heard the officers of the Cunzie- ^^}?^!i^' 
hous and some of the merchant traffiquera toucheing the diflTerence of the 
rex doUours amongs thameselffes in value, weight or fynnesse, the Lords 
ordanis the Maister of the Cunziehous to try the dollours, callit the 
Matthias dollour, the Spinolas doUour, the Beare doUour, and the 
Samme doUour, and to report thair fynnesse to the Gounsell, to the 
intent that comparing thame mth the best Eex dollour, ordour may be 
tane for allowing or discharging thair course as apperteanes/' 

S:^r [Sederunt as recorded above.] loWrth 

KSZ-Janoary February 1029. 

Foi.'in,b. Complaint by Sir Alexander Falcouner of Halkertoun, knight, as Warrant for 
follows: — On 12th November last Alexander M^Intoshe of Auldorie aion of 
and Hector M^Intoshe of Easter Urquhill, as cautioners for Captain ^qSofh of 
William M^'Intoshe, one of the captains under the Earl of Nithisdaill,^^dorieand 
were put to the horn at his instance, the said Alexander for not paying M^intoah of 
to him five dollars " for everie man enlaiking, unleveyed, mustered and uiqnhtti. 
transported of the nomber of threttie sax men," and the said Hector for 
not paying the same sum for every man " of ten men," which homing 

FoL 172, a. fchgy contemptuously despise. Charge having been given to them to 
compear on pain of caption, and the pursuer compearing but not the 
defenders, the Lords ordain charge to be given to the Sheriff of Inver- 
ness and his deputes to search for and apprehend the said defenders, 
take their houses and inventory their goods, within three days, on pain 
of rebellion. . 

Petition by James Kennedie of Blairquhan and Josias Stewart of Contmuanoeof 

" protection to 

Bonytoun, as follows : — The protections granted to them expire on 2 0th James 
instant, and their Lordships formerly prescribed that if they did not take fS^uLnand 
Foi. 172, b. steps for the satisfaction of the Laird of Kilkerran, they should have no ^f^^^^J^ 
further warrant. For some days back their friends have been dealing 
with the said Laird, and there is now a submission drawn up of their 
differences to the Sheriffs of Edinburgh and Galloway, and some other 
gentlemen, and parties have consented that their deliverance should be 
delayed till a convenient time. Moreover, the petitioners are busy with 
the preparation of the securities between them and their creditora for 
the relief of the Earl of Galloway, who stands engaged for them in great 
sums, and they therefore desire a further continuation of their protection. 
This the Lords grant till the 26 th of February instant at night. 

Petition by George Lawder of Bas, and Dame Isabel Hepbume, ^^^^Jg^*^®' 
mother, as follows : — Their protection for going about and settling with George Laoder 
their creditors expires on 20 th instant, and they are carefully engaging pamei^bei 
themselves in this work, being resolved to dispone and sell such of their ^^g^™' ^ 



52 EEGISTEE OF THE COUNCIL. 1629. 

lands as will bring matters to a happy issue. Towards this they are^^cret^ 
leasing some parts of their lands which never were leased before, in order i627-Jaiioaiy 
to ascertain the value of them, but this requires some time and leisure p^j^ '173^ ^^ 
to be rightly done. They therefore request a continuation of their 
protection, which the Lords grant till 15 th March next. 
Hoiyrood Commission under the Signet to the provost and bailies of Tayne, as c^amiMiona, 

F^nmry 1629. justices, to hold courts and try (1) Ewin M<^Ewin, son to Hector M^EwiuFoi. I9i, a. 
Commission to in Badeall in the parish of Koskein, who according to the report of the 
and bailies of presbytery of Tayne " hes committed the abominable and odious cryme 
HectOT**^ of sodomie by covering of ane meir and using carnal copulatioun 
^^^* who ** ^^^^ ^^^" afterwards absconded, but hes lately returned, thinking 

are accused of the lapse of time would place his crime in oblivion, but he has been 
crSTes. apprehended, and is now prisoner in the tolbooth of the burgh of Tayne ; 

(2) Donald M^Oshie, in Multivie, who by the same report has com- 
mitted the crime of incest with , his daughter-in-law, "and hes 
procreat three childrein with her"; and (3) William M^^Finlay in Tarbatt, 
who has been guilty of the like crime with , his daughter-in- 
law, " with quhom he hes begotten ane childe." Signed by Mar, Hadin- 
toun, Seafort, Camegy, Dumblane, A. Jedburgh, and S' Thomas Hoip. 
His Majesty's "Ane missive to the Secretair requiring a resolutioun and ansuer to^|®^**' 
be returnit frome his Majestic toucheing his approbatioun or disallow- Foi. 112, b. 
ance of the forme of coronatioun that wes send up to his Majestic." 
foimd in*Se "The quhilk day M' Williame Levinstoun, Admirall depute, producit Foi. 113, a, 
Spanish ship, bef oir the Lordis ane wallatt with the letters being in the Spanishe ship 
*^' ' laitlie drevin in upoun the coast of Galloway, whairof thair wes twa 
bookes gevin to M' Williame Livingstoun, and the letters ordainit to be 
sent to the Secretar to be showne to his Majestic according to his pleasour 
signifeit thairanent." 
The sub- " xhat letters be dii*ect aganis the presby teryis who hes not reportit 
ofteindi. thair diligence anent the nominatioun of subcommissionars." 
Anent the " The Lordis continewis the mater anent the tanning till the f ourte of 

tannings. " 

Marche. The Lord Arskene personalie, with John M^^Naucht, and M' 

Alexander Guthrie, who ar wamit apud acta." 
^^^ " The Lordis continewis the advyseing of the reportis anent the woU 

till Thurisday." 
The snb- " Ane missivc to the Bishop of Caithnes anent the subcommissionaris 

commissioners • ^ . , „ 

of Caithness, of CaithncS. 

Ho!^9th Sedenrnt—TreaBVLTeT; Privy Seal; Mairshall ; Wyntoun; SesLtoTtif^^^"^ 

February 1629. Bishop of Dumblane ; Carnegie; Jedbui^h; Clerk of Register ; J?29- 

Advocate ; Justice Clerk ; Sir John Scot ; Sir James Baillie. * ' 

^^^Qf " Forsameekill as the Lords of Secreit Counsell considdering the greatFoi. w. »• 
minors. hurt and prejudice that divers minors hes susteaned by the granting 

of gifts of tutorie dative to persouns who hes provin most unworthy of 



1629. CHAELES I. 53 

A^Jebnary that truflt committit unto thame and aganis dewtie and conscience hes 
1629. ^ unworthilie spent and putt away the minors goods, for remeid whairof 
Foi.9i, ». ^ tyme comming the Lords of Secreit Counsell ordanis that no gift 
of tutorie dative he past heerafter in Exchecker till first the persoun 
in whois favour the gift is conceaved find cautioun actit in the Bookes 
of Exchecker that he sail discharge the office of tutorie dative faith- 
fnllie and dewtifullie." 

" Forsameekill as the Lords of Secreit Counsell hes found by the Prohibition of 
report of some of the shireflfs and justices of peace within this ^ioVo/oatB 
kingdome to whome the saids Lords recommendit the taking of notice *'*<^'"«^' 
how the pryces of victuall reulled within the bounds of thair offices 
and if they wer within or abone the pryces allowed for the restraint 
of exportatioun of the same, that the pryces of the meal and aitts ar now 
rissin to ane higher rate nor allowes and admitts the exportatioun of 
the same, so that the exporting thairof will prove verie hurtfull and 
prejudiciall to the countrie and raise the pryces of the same to suche 
ane high rate that the poore ones will be disabled to buy the same ; 
Thairfoir the Lords of Secreit Counsell, upoun verie good and con- 
siderable grounds, importing the weale and benefite of the countrie, hes 
discharged and be the tennour heerof discharges the transporting of aitts 
and meale furth of the kingdome at anie tyme heerafter, ay and whill 
the saids Lords upoun certane knowledge that the pryces thairof ar fallin 
give warrand and directioun in the contrair; and ordanis letters to be 
direct to make publicatioun heerof at the mercat croces of the heid 
burrowes of this kingdome and uthers places needfuU whairthrow nane 
pretend ignorance of the same ; and to command, charge and inhibite all 
und sindrie his Majesteis lieges and subjects and all skippers, mariners 
and awners of shippes and vessellis, that nane of thame presoome nor 
take upoun hand to carie anie aitts or meale furth of this kingdome ay 
and whill the saids Lords give warrand and directioun in the contrair 
under the pane of confiscatioun of the same with the whole moveable 
goods and geir perteaning to the awners and transporters thairof; 
certifeing thame that does in the contrair that the said pane sail be 
inflicted upoun thame without favour." 

" Forsameekle as the Kings Majestie out of his royall and princelie Charge to 
regaird of the weale of his subjects and for releeving of thame of the great presbyteries 
travellis, charges and expenses that they would susteane if they werJJ^^^^*^® 
foJ. 91, b. drawin before his Maiesteis Conmiissioun anent the surrenders and teinds appoint sub- 

11 . - 1 1 I. 1 1 1 • 1 -commissioners 

to attend the trying of the constant worth of the stocke and temds of to ftscertain 
thair lands, his Majestie wes gratiouslie pleased to give ordour and direc- the stock and 
toun that the tryell of thir valuatiouns sould be within the presby tereis *®^j^»^^ 
and by some selected persouns to be nominat be the presbytereis who 
sould be authorized and instructed with subcommissiouns to that 
effect, and letters and chaises wer direct aganis the moderators and 
brethrein of the whole presbytereis within this kingdome for making 



54 EEGISTEE OF THE COUNCIL. 1629. 

cboise of the saids subcommissioners according to the ordour and rule AoU Febnary 
sett doun in the saids letters, and to have reported thair diligence thair- 1629. ^ 
anent to his Majesteis saids commissioners anent the surrenders and^°^*^^»^* 
teinds at certane dayes now of a long tyme bygane ; whairin altho the 
most pairt of the presbytereis of this kingdome hes givin all humble and 
dewtifull obedience, and hes made a tymous report of thair diligence and 
proceedings, yitt it is of truthe that the moderators and brethrein of the 
presbytereis of Dumbar, Dunce, Chirnesyde, Hamiltoun, Bute, Argyle, 
Dumfermline, S^ Andrewes, Dundie, Arbroth, Brechin, Deir, Aufurde, 
Dumbennan, and Bamff, hes made no report at all of thair diligence, so 
that the bussines, whilk is the groimd worke of his Majesteis royall 
intentioun for the weale of his subjects in leading of thair awin teinds, 
and of his Majesteis annuitie is verie farre frustrat and disappointed, 
highlie to his Majesteis o£fence and disappointing of the good and happie 
conclusioun of so important and necessar a worke. Thairfoir the Lords 
of Secreit Counsell ordanis letters to be direct charging the moderators 
and brethrein of the presbytereis particularlie abonewrittin, that they be 
one of thair nomber sufficientlie instructed for the brethrein of the pres- 
byterie compeir personallie before the Lords of his Majesteis Privie 
Counsell upoun the dayes following ; to witt, the moderators and brethrein 
of the presbytereis of Dumbar, Dunce, Chirneside, Hamiltoun, Bute, 
Argyle, Dumfermline and S' Andrewes, upoun the tent day of Marche 
nixtocome, and the moderators and brethrein of the presbytereis of 
Dundie, Arbrothe, Brechin, Deir, Aufurde, Dunbennan, and BamflF upoun 
the xxvj day of the said moneth of Marche nixtocome, and to bring and 
produce with thame ane sufficient report of thair diligence in the execu- 
tioun of the directioun and charge foresaid givin unto thame anent the 
nominatioun of subcommissioners for the eifect foresaid, under the pane 
of rebellioun, etc., with certiiBcatioun, etc." 
Charge to " The Lords of Secreit Counsell having scene and considderit the report 

cS^^SheriffDaade be Dowglas of Cavers tuicheing his diligence in the choise 

A^^aMut^' of commissioners for the approacheing Parliament, and the saids Lords 
commisrionera being Weill adviscd thairwith, they ordaine the said shireiff to conveene 
^proachiDg the Small barouns and free halders of the said shirefdome of new and 
Parliament. ^^ ^-j^^ meeting to impairt unto thame his Majesteis pleasure andFoi.92,a. 
directioun that Andro Kiddill of that Ilk and Thomas Ker of Cavers be 
chosin commissioners to the said Parliament, and accordinglie to require 
thame to putt the saids persouns upoun the lytis and to make choise of 
thame to be commissioners for the said Parliament as persouns recom- 
mendit be his Majestic; and ordanis the said shireff to report his 
diligence heerin to the saids Lords upon the xxvj day of Marche nixto- 
come." 

no Ah [Sederunt as recorded above.] ^^ 

Febraar7l620. 1627-JanTiarT 

joSfK^ock^ Complaint by John Kellock, maltman in Leith, tenant to John roi/173, g. 



1629. CHAKLES I 53 

Decrtta, Jonkein, heritable proprietor of the lands where John Kellock dwells, maiteman in 

ioManuary 88 follows : — On 10th February instant, Patrick Eleis, one of the Patrick^i?. 

1^^*173,3. bailies of Leith, sent for the complainer to come to the Tolbooth, who atf*r^Jfi^i^ • 
once obeyed, for obedience to him as a magistrate. As soon as he came, |™p™»'^«'^* 
the said bailie put him in ward " in a filthie hole where all the witches mroiving the 

FoL 173, b. had beene imprissouned," and still keeps him there, though he be his superiori^ of ^ 
Majesty's free Uege and not convicted of any offence. Charge having ^j^^^ 
been given to the said Patrick Eleis to compear personally, and to 
produce the complainer, and also to the provost and bailies of Edinburgh 
for their interest, and all the said parties compearing, the provost and 
baib'es of Edinburgh defended the action of the said Patrick Eleis as legal 
and warrantable, " becaus the saids proveist and bailleis of Edinburgh and 
the Counsell and bodie of the said burgh ar heretable superiors of the toun 
of Leith, and that they and thair predecessours be vertew of thair here- 
table infeftments and securiteis have bene in continuall use and posses- 
sioun to make and sett doun acts and ordinances not onelie for the 
govemement of the said toun and reteaning of the inhabitants thairof in 
peace and quyetnes under his Majesteis obedience, bot lykewayes to dis- 
charge all the inhabitants of the said toun, being under thair jurisdictioun, 
to make malt, brew or vent aill, bot suche as ar warranted be thame for 

FoL 174, a. that cfifcct, and that thair power and priviledge in this point is als goode 
as the priviledge of anie others barouns in the countrie, who and everie 
ane of thame within thair several bounds and jurisdictioun sufferes nane 
to make malt, brew nor vent aill, bot be thair permissioun and 
licence." The pursuer being cited before the bailies of Leith on 3rd 
January last was discharged from making malt, brewing or selling ale 
or beir in Leith until he obtained licence to do so from the Magistrates 
of Edinburgh, under the penalty of £5, toties quoties, and confiscation of 
"the stuff handled be him," and he disobeying, and confessing the same, was 
fined £5, for not paying which he was warded. It W8W answered by the 
pursuer, and by Alexander Hay in Leith, his prolocutor, that the said pro- 
vost and bailies, baron bailies of Leith, have no authority over the pur- 
suer in matters of this kind, because his landlord, the said John Jonkein, 
being heritable feuar of this tenement in which the pursuer dwells by 
virtue of his Majesty's infeftment, he and his tenants thereof are " free 
to make malt and to brew and vent aill and beir at thair pleasure. 
And forder that the saids bailleis in thair committing of the said 
persewer to waird hes done wrong and beene more summar nor the lawes 
and daylie practicque and custome of the kingdome allowes, there being 
no judge within the kingdome, at the least no baroun baillie, who in 
maters of this kynde may summarilie waird anie parties till first they be 
lawfollie chargit to fulfill and obey the decreit and sentence recovered 
against thame." The Lords find that the defenders have been " more 

FoL 174, ix summar" in their procedure than they ought, and therefore ordain them 
to release the pursuer. They remit the decision of the question of 



56 EEGISTEE OF THE COUNCIL. 1629. 

rights and privileges to the Lords of Session, requesting them to decide Decreta, 
the case as speedily as possible, reserving to the defenders their right to ie27-January 
summon and fine the pursuers for transgressing their acts and tOp^i74 ^ 
supersede execution of their decrees till first July next, or sooner if the 
cause be decided in their favour, in which case it will be lawful to them 
to enforce their decrees, and recover all the fines incurred by the 
pursuer during the dependence of the case. 
Andrew wn to I^^t^i^ioii ^7 Andrew Wardlaw, son to the deceased Andrew Wardlaw 
the deceased of Torrie, as follows : — " Shortlic after the deceasse of his said umquhill 
Wardlaw of father, when he wes uncapable, as he is yitt, of good advice and counsell, 
nSr'for^* and hcs not the judgement nor discretioun to forsee suche things as con- 
protection ccrne his weale, he not being yitt past sevin yeeres of age, some persouns 
creditors. who hes the charge of his education, being ignorant, as appears, of his 
a^Mthe age ^^^ fathers estait, and of the heavie burdein of debt lying on his hous, 
of twelve. caused serve the said Andrew, aire to his said umquhill father, altho* he 
had little or nothing to enter to bot ane unsupportable burdein of debt, 
whilk hes now so overcharged him by the rigour of his fathers creditours, 
who prosecutes him with all the extremitie that the course of law will 
permitt, as his persoun can be in suretie no where, bot is in daylie hazard 
to be apprehendit be letters of captioun, whereby the course of his edu- 
catioun in vertew and letters, whilk is the onelie hope now left him 
whairupoun to build his fortouns, is interrupted, and he is exposed to all ^oi. 176, a. 
the misereis that ar incident to ignorance, sleuthe and want of learning, 
whilks will all accompanie him, if now in his youth he sail be depryved 
of the meanes and occasioun of his studeis whilk the restraint of his per- 
soun will undoubtedlie produce." He further pleads that should he be 
warded his misery will prove endless, without hope of relief, as having 
nothing of his own, his friends will soon weary of the expense of keeping 
him, and that it is not commonly seen that minors, who are ignorant and 
innocent of the doings of their predecessors, should be warded for their 
debts. He therefore craves that their Lordships will take some course 
for his protection. The Lords accordingly supersede the execution of 
all homings and captions against the person of the petitioner until he 
attain the age of twelve years complete. 
^efwS^^y, Complaint by Sir Thomas Hoip of Craighall, King^s Advocate, Foi. 176. b. 
John Murray,' John Murrcy, servitor to Janet Murrey, widow of William Bruce of 

ft Af semtor 

and David ' Stensteill, the said Janet Murrey, for her interest, and David Monro, Com- 

cSSSiMary- inissary Depute of Caithness, as follows : — Though the wearing of hag- 

oS^n ^' ^^^ ^^ pistols is strictly prohibited by law, when the said Janet Murrey 

against David had obtained a precept of warning against David Bruce, now of Sten- 

StoMteii and ^tell, and sent her said servant, John Murray, with a copy of it to him, 

aMiSt!°' the said David, with Patrick Bruce, his brother, and others pursued him 

" with bendit hacquebutts and pistolets," and would have slain him if 

they had not been hindered by some persons present. Further, on 30th 

June last, " being ane proclamed mercat day in Thurso," when the said 



1629. OHAELES I. 57 

Decreu, David Monro was going peaceably about his business there, the said David 

i^^January Bruce, accompanied by Donald Bruce there, Hutcheon Bruce there, 

Fd?i76 b. William Sinclair in Kirk, William Cogill in Garsay, and others to the 

number of sixteen persons armed with hagbuts and pistols and other 

weapons, set upon him, presented their " bendit pistolets " to his breast, 

and would have shot him but for the intervention of " some merchants 

and other strangears there." Chaise having been given to the said 

David, Hucheon and Donald Bruce, William Sinclair and William 

FoL 176, a. Cogill, and the pursuers compearing by George Tailyeour, servitor to Mr 

James Lawtie, advocate, but the defenders not compearing, the Lords 

, ordain the latter to be denounced rebels and escheat. 

Complaint by John Fleeming in Overtoun, as follows: — John Lyn- CompUint by 
ning in Hielisyde, Alexander Tais there, John Barrie in Thinaikers, and in Ovorton 
James Scot in East Quarter, who have a hatred at the complainer, on J^^ng and 

March 1627, "being Sunday," seeing him "to be redding two ^ig^" ^^ "t and 
hours who wer tuilyeing at the kirk of Glesfurd," and thinkmg it a fit hamesucken. 
opportunity to execute their malice in the tumult, and " it being under 
night," they " without respect to the Lords day " at unawares set on him 
and felled him to the ground. Then they " punst him with thair feit 
and bladdit him on the face with thair neiffes, and with ane drawin 
sword hurt and woundit him on the head to the great efifusioun of his 
blood, and so birsed and bruised him that he lay for the space of twa 
houres breathlesse as a deid man upoun the ground untill he wes caried 
home to his dwelling hous where he lay bedfast for the space of ane 
quarter of a yeere in great pane and doUour." Further on December 

thereafter they came by way of hamesucken to his house in Hielisyde, 
under cloud and silence of night, to surprise and kill the complainer, and 
they would have succeeded if his wife had not quickly roused the neigh- 
bours for his relief, whereupon they departed, uttering " manie fearefuU 
and execrable oaths" that they would take his life some other time. As it 
was, a young boy of the complainer's through fright fell into a "phrenesie," 
the curing of which has been very costly to the complainer. Charge 
Foi 176, h. iiaving been given to the said John Lynning, Alexander Tais, John 
Barrie and James Scot, and both pursuer and defenders compearing and 
the evidence of certain witnesses heard, the Lords assoilzie the defenders 
on account of the failure of the pursuer s proof, and ordain the producer 
to pay to John Taithes £3, and to Kobert Bryd and Kobert Bryson, each 
four merks, they being the three witnesses in the case. 

Complaint by George Scot, portioner of CoUessie, as follows : — On Complaint hv 
7th February 1628, when the complainer, in the town of Auchtermuchtie, portioner of ' 
was doing his lawful business, he met William Arnot, son to Andrew ^^kS*®' 



Amot of the Scheills, who imexpectedly attacked him with a drawn wiiuam Arnot 
sword, struck him through the right arm to the great effusion of his 
Foi. 177, a. blood, " gave him ane cruell straike on the right hand whairwith he 
dang out the knockell of his mid finger, and gave him manie others 



58 REGISTER OF THE COUNCIL 162d. 

bauche, blae and bloodie straikes in diverse pairts of his bodie, and then Decreu, 
left him lying on the streit as a deid man, where he lay until he wes i627-jaiiiuz7 
caried hame be his servants and some nighbours of the toun. And the j.^177 ^ 
said William Arnot, understanding that there wes yitt some hope of 
lyffe in him, and having resolved to kiU him outright, he for this effect 
come immediatlie thereafter to the compleaners dwelling hous in Auchter- 
muchtie under cloud and silence of night, where he and his familie wer 
for the tyme, violentlie brasched at his doores and windowes of purpose 
to have entered and tane his lyflfe, whilk he had not failed to have done 
if the compleaner had not quyetlie convoyed himselffe out of his hous." 
Charge having been given to the said William Arnot, and the pursuer 
compearing but not the defender, the Lords ordain the latter to be put 
to the horn and escheat. 
Complaint by Complaint by Alexander Cousteane and Alexander Adamesoun, 
CovSon and fleshers in Edinburgh, as follows : — On Monday 9th February instant 
Adamson' they bought in open market at the West Port of Edinburgh six sheep 
fleshers in from Robert and Andrew Scot, servants to the Earl of Bugcleuche, the 
against RoUrtsaid shecp having stood in the said market unchallenged from nine o'clock 
serritoAo the till two in the af temoon, " and wer customed " in the ordinary way by the 
B"hopof customars of Edinburgh. They afterwards sold the said sheep to . 
iUegaiward- Alexander Adamesoun, elder, flesher in the said burgh, at a profit, as 
*°*' they had often done before. But on the information of Robert Moscrop, 

servitor to the Bishop of Caithness, that the said sheep had been stolen FoL 177, b. 
from his master, Edward Ferquhar, bailie of Edinburgh, and Alexander 
Adamesoun, elder, put the complainers in ward until they produced the 
two men from whom they bought the sheep. This being an impossi- 
bility so long as they remain in ward, " they being bqt meane servants 
living be thair calling," they have ofTered to enact themselves in the 
town's books to answer to the accusation when charged, but the same is 
refused. Charge having been given to Ferquhar and Adamsoun, elder, 
and also to the magistrates of Edinburgh for their interest, and for the 
production of the complainers, and the pursuers compearing and also 
Alexander Adamesoun, elder, but not the provost and bailies of Edin- 
burgh, the Lords ordain the said magistrates to put the pursuers to 
liberty, because Thomas Deanes, merchant burgess of Edinburgh, became 
cautioner in £116 for the said Alexander Cousteane's compearing before 
the said Magistrates whenever challenged about the said sheep, and 
because it was proved that the said Alexander Adamesoun, younger, sold 
none of the said sheep and received no part of the price paid for them 
by Alexander Adamesoun, elder, which Cousteane could not deny; 
ComDiaintby Complaint by Abrahame Andersoun, slater, burgess of Edinburgh, as FoL 178, ». 
Andewon, foUows : — For uot paying a debt of 200 merks and some expenses for 
of*^mbuShJ^ which he became cautioner for David Andersoun, his father, he has been 
^bSJLf^^ warded in the tolbooth of Edinburgh by John Robertsoun, wright, and 
he has nothing wherewith to sustain himself in ward, having spent all his 



1629. CHAELES I. 59 

i)m^ means in payment of his father's debts, nor will he release him, though wnght, for 

i^Murairy most willing to give all the satisfaction in his power. Charge having jm^sonment. 

fTi78, a. '^^ given to the said John Eobesoun, and also to John Sinclair, one of 
the bailies of Edinbuiigh, in name of the magistrates thereof, to produce 
the complainer, and pursuer and defender both compearing, the Lords 
ordain the magistrates to riBlease the pursuer, as he has produced all the 
writs of his father's lands upon oath, and is to assign to the defender the 
rents and duties of these lands until the debt is paid. 

Cboimwioiii, Commission under the Signet to Williom Sempill of Foulwod, Walter ^oiyrood 

1624-90 ^r A ^ m A ^' i tt -i. ii pt^ i HoU»©, 19th 

Foi. m, b. M^Awlay of Ardmcaple, and James Hall, provost of Dumbartane, or any February 1629. 

two of them, as justices, to hold courts and try Janet Donnald, spouse to ^™P**®^°" ^ y/ 
Umphra Colquhoun, bui^^ess of Dumbartane, Janet Neill, spouse toSempioof 
William Camithers, burgess there, and Margaret Hunter, spouse to Peter othere to try 
Donnald, sailor there, who have long been suspected of witchcraft. ^^^^J^^J^^J^^J^^ 
Signed by Mar, Hadintoim, Marshell, Wintoun, Seafort, Carnegie, S' witchcraft. 
Thomas Hoip, Hamiltoun, and S' George Elphinstoun. 
{^^***^ "Most sacred Soverane, For obedience of. your' Majesteis letter gojy^j^^^j^ 
FoL iM, b. requiring us to send up to your Majestic suche letters of advice as wer February 1629. 
in the Spanishe shippe laitlie takin be a shippe of Bristo and which ^^^^^^*^^^^^^ 
by distresse of weather wes drivin in upoun the coast of Galloway, we the letters 
gave present ordour to M' Williame Livingstoun, Admirall Depute, spaniah ship. 
commanding him to use his best care and diligence for recoverieS®®'*"^^'?'^^. 
and exhibitioun before us of suche letters as he could find to have beene 
in the said shippe who, according to the charge committed unto him, com- 
peirand before us this day, hes produced sax great masses of letters, ten 
lesser and 25 single letters, whairof thair is one direct to the King of 
Spaine, and one thairof opin with ane opin processe in Spanishe, and he 
declared that so farre as he could learne thair instructiouns and cheefe 
letters of importance wer destroyed and cassin over boord before anie 
searche wes made for the same; all which we have thought good 
according to your Majesteis directiouns to send up to your Majestic, 
not knowing quhat these sealed lettres may import, to the intent that 
your Majestic after ordour given for perusall of the same may make 
suche use thairof as your Majestic in the excellencie of your judgement 
sail find the merite of the subject to require, and so, etc. Halyruid- 
hous, 19 February 1629. Svbscribitur, Mar, Hadintoun, Mairschell, 
Wintoun, Seafort, Carnegie, Jedburgh, Hamiltoun, S' Thomas Hoip, 
S' Greorge Elphinstoun, Scottistarvet, James Baillie." 

" After our verie heartilie commendatiouns to your lordship. With g^J^^^^j^ 
a letter which we wrote to his Majestic about the hinder end of July February 1629. 
last toicheii^ the solemniteis of his Mdjesteis coronatioun we sent to ^yj||j[^ ^^^ 
your lordship ane copie of the ancient forme of the coronatioun Alexander 
of the princes of this kingdoms to the intent that his Majestic after coronation. 
eonsideratioun thairof might signifie his royall allowance or disallowance 
of the same, and we looked that long er now we sould have heard ather 



60 REGISTER OF THE COUNCIL. 1629. 

frome his Majestie or frome your lordship concerning that bussines, as Royal Letters, 

alsua that your lordship sould have resolved us if or not thair wes a foL 158, b. 

necessitie that his Majestieis face induring the solemniteis of his corona- 

tioun sould be directed towards the east or if he might indiflferentlie 

looke to the southe, whiche (in regaird of the contrywall of the lights of 

S* Giles church quhair that actioun must be performed) would muche 

import to the beautie of the same. And quhairas the appointed tyme for 

his Majesteis heerecoming now approaches and drawes neere and that 

this mater of the coronatioun will be one of the materiall points to be 

handled at that tyme we will thairfore requeist your good lordship to 

lett us know his Majesteis will and pleasure anent the forme of the FoL 164, a, 

eoronatioun sent up to his Majestie and quhat his Majestie would have 

to be altered thairin, that accordinglie we may give ordour for his 

Majesteis satisfactioun thairanent ; We have called for and have seene 

the Lyoun Herauld and pursevant thair coates of armes and findes the 

same sufficient without anie necessitie to renew or rcpaire the same, and 

looking to heare frome your lordship concerning the premisses with 

convenient diligence, we committ, etc. Halyrudhous, 19 February 1629. 

Sviscribitur, as the former." 

Hoiyrood « Most sacred Soverane, We receaved your Majesteis letter quhairby FoL 152, a. 

February 1629. your Majestie wes pleased to require us to consider and certifie your 
Ma^atvanent ^^J^^^® ^ ^^® confirmatioun craved of your Majestie be M' Andro 
the lands of Aittoun, advocat, of his lands of Myrecamye (for the reasouns sett 
Ay ton, ^^^ doun in your Majesteis letter) might without prejudice of your Majesteis 
advocate. right or danger of the preparative be granted and exped. And having 
according to the directioun of your Majesteis letter callit for and 
considderit the evidents of these lands, and having heard the reasouns 
urged be the partie for enforceing the lawf ullnesse of his desire, we find 
by inspectioun of the evidents that the tenure and balding of the saids 
lands hes beene changed by your Majesteis lait deir father frome waird 
to blenshe and that of certaine knowledge for fulfiilling of ane contract 
matrimoniall subscryved by his Majestie himselfife and your Majesteis 
mother with consent of the whole officers of estait for the tyme, quhairby FoL 162, b. 
he wes obliged to change the said balding, which contract with the 
infeftment following thairupoun wer produced before us togidder with 
ane infeftment under the great scale grantit be your Majesteis said 
deir father to the said Andro upon his authors resignatioun balding 
lykewayes blenshe. In respect quhairof we have thought good to signifie 
unto your Majestie that the signatour now craved be the said M' Andrew, 
which is upoun his awin resignatioun, with ane gift de novo damns of the 
saids lands to be haldin blenshe of your Majestie, will nather of itselffe 
prejudge your Majestie in your right nor be the consequence thairof 
your intendit course for causing reduce in a legall maner suche lait 
tenures as ar prejudiciall to your crowne ; the caise being singular and 
the cans obligatorie, the lyke quhairof cannot be instanced to our 



1629. 



CHAELES I. 



61 



V 

FoL 152, b. 



Lettflw, knowledge and will hardlie occurre heeraf ter. And becaus the signatour 
presented be the said M' Andro and which he craves to be signed be 
your Majestic conteanes the teinds of the saids lands which he and his 
authors acquired be the resignatioun of the Lord Balmerinoch to be 
disponit to him in free blenshe and for payment to the minister of 
Logic of a pairt of his stipend and releeving the Lord Balmerinoch 
of repairing of the queir, of the communioun elements and of all tax- 
atiouns, with a claus de novo damns both of lands and teinds to be haldin 
blenshe, we thought good to acquaint your Majestic with the same, as 
alsua that there ar sindrie others quho ar daylie craving infef tments of 
thair teinds acquired be thame frome lords of erectioun which they ar 
content to receave with the burdein of your Majeateis annuitie and which 
in regaird of the generall submissioun and your Majesteis gracious 
declaratioun made thairanent they ar hopefull to obteane, wherewith, 
notwithstanding we have forborne to meddle till we sould first consult 
your Majestic and understand your pleasure thairanent ; and so, attend- 
ing the significatioun of your Majesteis royall will how we sail proceid 
in the ordouring of these maters, we pray God, etc. Halyruidhous, 20 
of February, 1629. Subscribitur, Mar, Hadintoun, Mairshall, S' George 
Elphinstoun, Scottistarvett." 



Sedemnto, 
1625-29. 
FoL 113, b. 



Treasurer ; Privy Seal ; Seat orte ; Bishop of Dunblane ; Lord Hoiyrood 
Arskene ; Lord Camegye ; Clerk of Register ; Advocate ; Justice Febnmry 1629. 
Clerk ; Sir John Scott. 



" The minister and baillies of the Cannogait to be wamit till Thurisday The chapel at 
anent the lenning of the chappell at the watter yett for his Majesteis gate, Edin' 
baggage, and for clensing the entrie to thir kirk under his Majesteis ^^^' 
gallerie." 

"A warrand to the shireff of Hadintoun to mak a new electioun of 9o«^«8ioner 

for the shire 

some freehaldair to be a commissioner to the Parliament in place of Sir of Haddington. 
Foi. 114, a. James Baillie whome the Lordis liberatis of that charge in respect of the 
necessitie of his attendance upoun his Majesteis service." 

" The Lordis ordanis the Clerk of Counsaill to ressave the submissionis Th® s^bmis- 
subscryvit be the titularis and heretouris toucheing thair teyndis." 

" A letter to the Vicount of Stormont for removeing of all personis Pa|«je ^ 
oute of the pallice of Falkland and making of the goodes f urthcomeand 
whilks wer left thairin upoun inventar." 

" Some missives and otheris directionis concerning his Majesteis heir- ^i.^*^®^^'® 
comeing, especiaUie aganis beggaris, the repairing of hie wayes, and the 
cariage." 



iDeismtA, [Sederunt as recorded above.] Hoiyrood 

^^"^^ House, 24th 

l^-Jannary Februiry 1029. 

F^ 178, b. Petition by James Kennedie of Blairquhan and Josiaa Stewart of Ravm- Exteneion of 



62 EEGISTEK OF THE COUNCIL. 1629. 

protection to stoun as follows : — They have been diligent in employing the timel>ecreta, 
Kennedy of granted to them for settling with their creditors and for relief of thei627^«nuaiy 
jJ^ili^Stewwf^rl of Galloway, but owing to the shortness of it they can get Uttle orj^^yg^^ 
of Ravenston. nothing done, and crave a further extension. The Lords, " understanding 
the good intentioun of the saids supplicants towards the satisfactioun 
of their credi tours," extend their protection until 3rd March next 
Protection to Petition by John New in , as follows : — His Majesty was pleased 

to sign a respite to him for the slaughter of David Toschoche of Mony- . 
vaird, but their Lordships refused to expede it until he satisfied the 
party. He is most willing to pay an assithement and to treat with FoL 179, a. 
them thereanent, personally and by his friends, but he cannot safely go 
about because of the homing against him for the said slaughter, and 
therefore craves their Lordships' protection. This the Lords grant till 
1st June next. 
Protection to Petition by Sylvester Eattray, brother of David Eattray of Craighall, 
lutTray,*^ as follows : — His Majesty has been pleaded to sign a respite to him for the 
DTvk? Rattray slaughter of George Eeid in Rattray, but he is informed that the Lords of 
of Craighall. Exchequer will not expede it until he give satisfaction and assithement 
to the kin and friends of " the said David Rattray." He is most willing 
to do so as far as lies in his power, but he dare not go about for treating 
therein by reason of the homings he underlies for the said slaughter, 
and therefore craves their Lordships^ protection. This the Lords grant 
until 1st June next. 
HoJi'T^th Commission under the Signet to Sir James Pringill of Gallascheills, ^"J^^°^ 
FebruAry 1629. Sheriff of Selkirk, Andro Ker and William Scot, bailies of Selkirk, FoL wi, b. 
s^y^h^''''^^^^^ Pringill, apparent of Buckholme, George Ker of NewhaU and 
G^i^^iTeU Williame Middemist of Chappell, or any three of them. Sir James Pringill 
Sheriff of ' always being one, to hold courts and try Janet Minto and Bessie Meyne 
^hera^t^"try ^ Selkirk, Isobel Wight in Melros, Bessie Cumroy in Bowdoun, and 
Se^rkandT'*^*^^^®* Hcndersoun in Lillisleif, who have been long suspected of witch- 
othere for craf t, ctc. Signed by Mar, Hadintoun, Seafort, Areskine, Hamiltoun, 
^ ^'^ ' S' Greorge Elphinstoun, and Scottistarvett. 

Hol^eT^th "Most sacred Soverane, Having now conforme to your Majesteis [^g^^****" 

February 1629. directioun sattled the subcommissiouns after that parteis having interesse FoL 164, a. 

MajesVcom- ^cr heard and thair objectiouns and doubts with uniforme consent 

cierkofthe ^^^^^^^ ^^^ clcered, we have accordinglie dispatched 44 presbytereis 

Council for his instructed with ample warrand and commissioun to bring the mater of 

the^vai^tioiw. the valuatiouns to ane good and happie conclusioun, whairin we expect 

thair dewtifull and best endeavours to approve themselffes answerable 

to the trust concredite unto them. There is some few presbytereis who 

hes not as yitt made report of thair diligence aganis quhom your 

Majesteis Counsell will proceid, and charges ar direct aganis thame for 

calling of thame to thair answere. We cannot forbeare to acquaint your 

Majestic that at the last meeting of the commissioun, quhilk wes in a 

frequent and full nomber, notice wes tane be the whole table of the great 



1629. CHAELES I. 63 

i^ Lettaxi, panes tane be your Majesteis servand, James Prymrois, Clerk of the 
Foi. iM, A. Commissiouii, thir twa yeeres bygane and more, in the following out of 
that service, who carefullie and panefullie hes attendit the same and 
quickelie and tymouslie dispatched all the directiouns occurring thairin 
with suche excessive panes and travellis be reasoun of the importance 
and weight of the bussines and great nomber of the charges and warrands 
' quhilks have beene directed at severall dyets throught the whole king- 
dome that the lyke thairof both in difficultie and nomber hes not fallin 
out in the kingdome of before, quhilk merites your Majesteis gracious 
consideratioun, and quhairof the haill table tooke notice without anie 
motioun made be him to the table thereanent, and thairfoir it wes con- 
cludit that he sould be recommendit to your Majesteis gracious remem- 
brance ; quhilk be warrand f rome the table we have heereby presoomed 
most submissivelie to doe, and so, etc. Halyruidhous, 24 February 
1629. Subscribitur, Mar, Hadintoun, Seafort, Areskine, Dumblane, 
Carnegie, Hamiltoun, S' Thomas Hoip, S. G. ElphinsDoun." 

"After our verie heartilie commendatiouna to your good lordship. Hoiyrood 
Quhairas the tyme of his Majesteis intendit heerecomming now approaches Pobmary 1629. 
and drawes neere so that it is necessar that his Majesteis houssis, ^j^ection to 
especiallie suche houssis quhair his Majestie is to have ane abode or stormont to 
residence, be prepared and drest for his Majesteis more contented recep- EJJJ^p^ift^ ' 
Foi. 154, b. tioun, and that persouns now having anie dwelling thairin be removed out J^^^^^J ^^^' 
of the same. And we have directed some of his Majesteis Counsell, with Majesty. 
the Maister of his Majesteis workes, to come and see the saids houssis 
and in quhat estait they presentlie ar, and if all the furnitoure and 
other things left thairin at our soverane Lords his last being in this 
countrie be yitt extant within the same and be quhom anie part or 
portioun of the same hes beene meddled with or putt away. And seing 
the place of Falkland is one of the speciall houssis quhair his Majestie 
will have ane residence next to Halyruidhous, these ar thairfoir to 
requeifit your Lordship to caus the said hous to be made void and red of 
aU people and the keyes thairof delyvered to the Maister of Works with 
all the furniture and quhat other things wer left thairin upoun inventar 
as said is, and so committing your good lordship to Gods protectioun, we 
rest Frome Halyruidhous 25 February 1629. SubscHhUuTy Hadintoun, 
Carnegie, Advocat, S' James Baillie.'* 

"After our verie heartilie commendatiouns. Quhairas Sir James JJo^^nrood^, 

House, 25th 

Bailzie, knight, who wes nominat to be one of the commissioners for that February 1629. 
shirefdome to this approacheing Parliament cannot attend that charge in Sl^heriffof 
respect of the manie necessar imployments quhairwith he will be imployed Haddington 
the tyme of his Majesteis heerebeing, the charge quhairof will altogidder commissioner 
distract him frome anie other imployment, and thairfoir these ar to ^'"^^^ci^^'in*^ 
requeist and desire yow to conveene the small barouns and f reehalders of jjjj^® g^^j^.^ 
that shirefdome with all convenient diligence and at thair meeting thatseea9Ue,p.6i. 



64 REGISTER OF THE COUNCIL. 1629. 

they make choise of some sufficient and famous persouns being his Royal Letten 
Majesteis f reehalders, having a f ourtie shilling land of auld extent at least foI. im, b. 
haldin of his Majestie, to be conjunct commissioner for that shirefdome 
in place of the said Sir James Baillie, and that yow see the commissioun 
to be subscryved be sevin of the freehalders at least and sealed conforme to 
the Act of Parliament, and that yow report your diligence heerein and ^ 
obedience of the freehalders to his Majesteis Counsell upoun the xvii day 
of Marche nixtocome ; quhilk looking assuredlie yow will dow as yow 
respe d his Majesteis obedience, we committ, etc. Halyruidhous, 25 
February 1629. Stibscribitur, Hadintoun, Carnegie, S' Thomas Hoip." 

Hoiyrood Sederwit — ^Treasurer; Privy Seal : Roxburgh ; Seafort ; Lord Lome ;^^f«J>"^ 

House. 26th -r i a ,. t i V, • -r». . i. -r^ Vi /^i ' 1628^uly 

February 1629. Lord Areskme ; Lord Carnegie; Bishop of uumblane ; Clerk 1629. 

Register ; Advocate ; Justice Clerk ; Sir John Scot ; Sir James ° ' 
BaiUie. 

Charge to the " Forsamcckle as among the manie preparatiouns whilk must be tymouslie 
the*Jiwti^offoreseene and had in readinesse agauis the tyme of his Majesteis heere- 
en^^Sie comming that of his Majesty's carrage is not the least, but doeth als 
provision of ncerelie concerne his Maiesteis honnour and service and credite of the 

carts and 

horses for countric as auic uther service whatsomever that will occurre in his 

anceof hw Majcstcis progrcssc throw this countrie ; and whereas this service of the 

Majesty's carrage cannot be weill done bot be the shyres where his Maiesteis pro- 
baggage on his ® •' w . -t 
ap^)roaching grcssc and joumcyes will ly, Thairfoir the Lords of Secreit Counsell 

^^ ' ordanis letters to be direct charging Sir George Forrester of Corstorphine, 

conveenner of the justices of peace within the shirefdome of Edinburgh 
principall ; Douglas of Kilspindie, conveenner of the justices of 

peace within the constabularie of Hadintoun; Sir Johne Home of Blacader, 
conveenner of the justices of peace within the shirefdome of Bervick ; 
Ker of Schaw, conveenner of the justices of peace within the 
baillerie of Lauderdaill ; Williame Dowglas of Bonjedburgh, conveener of 
the justices of peace within the bounds of Eaat Teviotdaill ; Johne Dundas 
of Newlistoun, conveenner of the justices of peace within the shirefdome 
of Linlithgow ; Murrey of Powmais, conveenner of the justices of 

peace within the shirefdome of Stirline and Clackmannane ; M' Johne 
Leslie of Newtoun, conveenner of the justices of peace within the shiref- 
dome of Fyflfe and Banroscher ; the Laird of Inchemartine, conveenner of 
thejustices of peace within the shirefdome of Perth ; Sir Johne Scrimgeour 
of Duddop, conveenner of the justices of peace within the shirefdome of 
Forfar ; M' Walter Quhy tf urde, conveenner of the justices of peace within 
the stewartrie of Annerdaill ; Alexander M^Culloch of Mertoun, conveenner 
of thejustices of peace within the shirefdome of Wigtoun and stewartrie of 
Kirkcudbright ; Sir Johne Charters of Amisfeild, conveenner of the jus- 
tices of peace within the shirefdome of Dumfreis, and Robert Hamiltoun 
of Torrence, conveenner of the justices of peace within the shirefdome of 



1629. CHAELES I. 65 

^^J***™*^ Lanerk, that they and everie ane of thame within the bounds of 
1629. thair severall offices and jurisdictions conveene the haill justices of 

■^ peace to burgh and land so soone as convenientlie may be, and at thair 
meetings respective that they make a particular distributioun of the boimds 
within thair chaise in parishes appointing some of thair nomber for everie 
parish to try what nomber of cairts and hors for carrage everie parish to 
burgh and land may fumishe for his Majesteis carrage upoun his Majesteis 
expenses, and that they or anie twa of thame appoint a constable in everie 
parish who sail be answerable that the cairts and hors for carrage designed 
to everie parish sail be in readinesse for lifting of his Majesteis carrage at 
suche tymes and places as they sail be advertised be the other constables 
who sail have the charge to advertise thame ; and that they appoint 
within everie shirefdome twa constables who sail be answerable to the 
maisters of his Majesteis carrage that they sail caus the other constables 
appointed in everie parish have thair haill cairts and hors for carrage 
designed to the parish in readinesse and that they sail come and lift his 
Majesteis carrage at suche tymes and places as they sail be advertised ; 
and that they prescryve and sett doun suche other Acts and ordinances 
as may assure the tymous and readie lifting of his Majesteis carrage ; 
and that the saids cairts and hors for carrage be provyded and furnished 
with all things necessar for the carrage, as namelie with presses, eyre- 
ledders of yme, cords and all uthers necessars ; and that the saids con- 
veenners compeir personallie before the saids Lords upoun the particular 
dayes underwrittin, viz., the conveenners of the justices of peace within 
the shirefdomes of Edinburgh, Hadintoun, Bervick, Roxburgh, baillerie 
of Lauderdaill, Linlithgow and Stirline upoun the xxiiij day of Marche 
nixtocome, and the remanent conveenners of the saids justices of peace 
upoun the last day of the said moneth of Marche, and exhibite with 
thame a formall report in writt of thair proceedings in this bussines, 
under the pane of rebellioun, etc., with certificatioun, etc." 

" Forsameekle as thair hes beene manie good Acts made be the Kings Chaige for the 

*-' ° suppression of 

Majestic and his predecessours of famous and worthie memorie aganis beggars in 
strong, ydle and maisterf uU beggers, of whome this countrie is now full, Majesty's 
by the quhilks it is commanded that nane be suffered to beg nather to JPV^^*°* 
burgh nor land betuix fourtein and three score and ten yeeres of age, 
and that all strong, ydle and vfi^bound beggers, counterfoote bairds and 
fooles, that runnes athort the countrie begging and extorting almous sail 
be apprehendit, putt in waird in stockes and yrnes and deteanned thairin 
so long as they have of thair awin to live on and when that failes that 
their eares be nailed to the trone or some other tree and that their eares 
be cutt aff and they banished the countrie, and if thairafter they be 
found againe that they be hanged to the deid ; and .that nane be suffered 
to b^ in ane parish that ar borne in another, and that these that ar 
allowed to beg in everie parish have tokens givin unto thame whairthrow 
they may be knowin, and that no others be served with almous in the 

VOL. III. K 



66 REGISTER OF THE COUNCIL. 1629. 

parish bot suche as beiris the said tokin allanerlie ; and they that begges ^*:;^|^^™*^ 
without the tokin to be marked and brunt in the cheeke with ane hote ie29. 
burning yme, and that all beggers sould addresse thameselfifes to the ° • ^ * 
parishes where they wer borne and made ihair last sevin yeeres residence 
and there conteane thameselfifes and on nawayes goe furth thairof , as in FoL 93, a. 
the saids Acts, as namelie in the Acts made be his Majesteis darrest 
father of blessed memorie in his S€uct, twelfife, fyftene and saxtene Parlia- 
ments, whairin lykewayes the forme, ordour and maner of executioun of 
the same Acts and the course and ordour prescryved for interteanyng of 
the poore at lenth is conteanit ; the executioun of quhilks Acts hes beene 
thir diverse yeeres bygane neglected be the oversight of these unto whois 
charge the same apperteanned, sua that the nomber of strong and sturdie 
beggers and vagabound theeves is exceeding great and daylie increasses 
throw all paii-ts of the kingdome, especiallie within the burgh of Edin- 
burgh, the Cannogait, Leith, the West Port and Potterraw, where and 
in the pairt callit S* Ninians Raw they have thair ordinarie ressetts, 
passing thair tyme in the night in all kynde of beastlie filthinesse and 
leacherie, and in the day tyme come publictlie to the streits, some of 
thame lyes all the day upoun the calsey of the Cannogait and with 
shamefull exclamatiouns not onelie extorts almous but importuns his 
Majesteis nobilitie and counsellours and others his Majesteis good 
subjects repairing to the burgh of Edinburgh, sua that hardlie can 
anie man walke upoun the streits or conferre under staires bot they 
ar impeshed be thir b^gerlie lymmars, of whome lykeways nombers 
lyes betweene Leith and Edinburgh and upoun the hie streits leading 
to and fra the ports of the burgh of Edinburgh to the great reproache 
and scandall of the countrie, besides the procuring of the heavie wraith 
and displeasure of God upoun the haill natioun throw the wicked and 
godlesse forme of living used amongs thir raischant beggers without 
mariage or baptisme of thair baimes. And whereas the Kings Majestie 
is now shortlie to honnour this his ancient kingdome with his royall 
presence and is to be accompanied with nombers of the nobilitie and 
others persouns of ranke and qualitie of the kingdome of England, it 
is lyke enough that thir vagabound theeves and beggers sail follow his 
Majesteis royall Court and importune and fasch the noblemen and others 
attending his Majestie with thair shamelesse exclamatiouns and crying 
whilk will procure his Majesteis high miscontentment and offence 
beside the discredite of the countrie; Thairfoir the Lords of Secreit 
Counsell ordanis letters to be direct to make publicatioun of the saids 
Acts of Parliament made agaiiis strong and sturdie beggers, counter* 
foote bairds and fooles, be opin proclamatioun at the mercat croces of 
the heid burrowes of this kingdome, whairthrow nane pretend igno- 
rance of the same, and to conmiand and charge all and sindrie beggeiB 
of whatsomever qualitie that within fyftene dayes after publicatioun 
heerof they addresse thameselfifes to the parishes where they wer borne 



1629. CHAELES I. 67 

^^«{»T»nrand made thair last sevin yeeres residence and thair conteane thame- 
10*29. selfifes, and that they onnawayes presoome to come out of the parish 

^^ nor to be found begging within the parish without the marke of the 
parish under the panes foresaids specifeit in the saids Acts, viz., if 
they be found begging out of the parish, to be wairdit, putt in the 
stockes or yrnes, scourged and thair eares nailed to the trone or some 
other tree for the first fault, and for the nixt fault to be hanged to 
the deid ; and suche as begges within the parish without the marke and 
token of the parish to be brunt in the cheeke with ane bote yme ; 
And siclyke to command, charge and inhibite all his Majesteis lieges 
that nane of thame give almous to anie of the saids beggers after the 
saids f yf tene dayes hot to suche as ar beggers of thair awin parish under 
the pane of fyve pund to be incurred be thame and to be uplifted be 
Foi93,b. ii^Q commissioners of the toun and parish where the contra veenner 
dwellis : And siclyke to conmiand and charge all and sindrie the saids 
strong and sturdie beggers, counterfoote bairds and fooles, that nane of 
thame presoome nor take upoun hand to resort nor repaire toward his 
Majesteis royall Court during the tyme of his Majesteis being within 
this kingdome within the space of sax myles to the same, under the pane 
of deid : And siclyke to command and charge all and sindrie his Majesteis 
lieges, awners, heretours, lyverenters of land within the burgh of Edin- 
burgh, Leith, the Cannogait, the West Port, Potterraw, Pleasance, Leith 
Wynd, S* Ninians Raw and other suburbs about the burgh of Edinburgh 
that nane of thame presoome nor take upoun hand to sett anie houses to 
b^gers or to suffer anie beggers to have ressett or beild within the same : 
And siclyke to command and charge all his Majesteis lieges dwelling 
within the bounds foresaids and within the parishes of Halyrudhous, 
Leith, S* Cuthberts, Duddingstoun, Libbertoun, Coratorphine and Craw- 
mond that nane of thame ressett or hoord anie beggers within thair 
houses under the pane of twentie pund to be incurred toties quoties be 
everie persoun or persouns setters of thair houses to beggers or ressetters 
of beggers within thair houses, whilks paines sail be uplifted of thame 
with all rigour : And to command and charge the provest and bailleis of 
Edinburgh, the bailleis of Leith and Cannogait, the Laird of Innerleith 
and his bailleis of the West Port and Potterraw, and the provest and 
bailleis of all other touns whairimto bis Majestie sail happin to resort 
and repaire within this kingdome that they and everie ane of thame 
keepe thair streits and commoun vennellis cleere of beggers and that 
nane be suffered to beg nor seeke almous thairon, and that the bailleis 
of the Cannogait cans keepe the whole calsey of the Cannogait betuix 
the Neather Bow and the palace of Halyrudhous free and cleere of 
beggers, and that nane be suffered to ly upoun the calsey nor to seeke 
almous upoun the same ; and to chaise the Laird of Innerleith and his 
bailleis of the West Port and Potterraw to doe the lyke : And siclyke 
to conamand and charge M*' Umphra Blenscheills and uthers awners of 



68 EEGISTEE OF THE COUNCIL. 1629 

houses at the foote of Leith Wynde to remove the haill beggers out of Acta February 
thair houses, and suffer nane to have residence, beild nor remaining i62e. "^ 
thairin, under the pane to be callit, persewed and punished thairfoir with ^^^' ^* ^ 
all rigour : And to command and charge all and sindrie Magistrats to 
burgh and land to whois charge and office the executioun of the saids 
Acts perteanes, to putt the same Acts to dew and full executioun in all 
points conforme to the tennour thairof ; and to command and charge the 
Sessioun of the parish kirk to have a paire of fast stockes with strong 
lockes and bands, and that all noblemen and barouns have the lyke at 
thair houses for punishing of the saids strong and ydle be^ers con- 
traveenners of this Act, as they and everie ane of thame will answere to 
his Majestic and his Counsell upoun the dewtifull discharge of thair 
office." 
^^J^J^^ " Forsameekill as the Lords of Secreit Counsell according to his 
highways in Majcstcis warrand and directioun sent unto thame tuicheing the repairing 
Majorty's* of the hie wayes and passives throw quhilks his Majestic is to travell 
a^roaching ^j. jjg comming to this kingdome and making the same wayes faire and ^oi 94, a. 
passable for coaches and otherwayes having by thair letters recom- 
mendit unto the persouns particularlie following the prescryving of 
the ordour and giving of directiouns how this service may be performed 
by the travellis and charges of the inhabitants within the bounds whome 
it concerned, viz., to the Erie of Home and Laird of West Nisbitt for 
the bounds betuix Hadintoun and Beruick ; to the Erie of Wintoun, 
the Lord Prestoungrange, and the Laird of Prestoun for the bounds 
betuix Hadintoun and Edinburgh; to the Erie of Linlithgow and 
Thomas Dalyell for the bounds betuix Edinburgh and Linlithgow ; to the 
Erie of Wigtoun and Laird of Keir for the bounds betuix Linlithgow 
and Stirline; to the Laird of Clackmannan and Sir Johne Prestoun of 
Walifeild for the bounds betuix Stirline and Dunfermline; to the 
Vicount of Stormont, the Lords Melvill and Burlie for the bounds 
betuix Dunfermline and Falkland ; to the Erie of Sothesse, the Lords 
Melvill and Innerteill for the bounds betuix Bruntilland and Falkland ; 
to the said Vicount of Stormont, the Erie of Perth and Lord Balmanno 
for the bounds betuix F«Jkland and Perth ; to the Lord Chanceller and 
Laird of Inchemartine for the bounds betuix Perth and Dundie ; to the 
Lord Carnegie and Constable of Dundie for the bounds betuix Dundie 
and Brechin; to the saids Erie of Eothesse and Lord Melvill for 
the bounds betuix the ferric of Dundie and Falkland and betuix S^ 
Andrewes and Falkland ; to the Marqueis of Hamiltoun and Laird of 
Minto for the bounds betuix Glasgow and Hamiltoun; to the said 
Marquis of Hamiltoun, the Erie of Angus and Vicount of Air for the 
bounds betuix Hamiltoun and Drumlanrig ; to the Erie of Nithisdaill, 
the Vicount of Drumlanrig and Maister of Herreis for the bounds 
betuix Drumlanrig and Dumfreis ; and to the said Maister of Hereis, 
the Lairds of Amisfeild and Cockepoole for the bounds betuix Dumfreis 



1629. CHAKLES I. 69 

Acta Febniaiy and Carlill. And whereas a certane terme wes appointed to the 
1629. ^ persouns abonewrittin for reporting thair diligence in this charge com- 
FoL M, a. nutted unto thame, neverthelesse there is no diligence at all reported as 
yitt, whairthrow this peece of service quhilk muche imports his Majesteis 
contentment and credite of the countrie is lyke to be frustrat and 
disappointed without remeid be provydit, Thairfoir the saids Lords 
ordanis letters to be direct charging the persouns particularlie abone- 
writtin and Sir Johne Hamiltoun of Lettrick in plaxje of the said 
Marqueis of Hamiltoun and Robert Crichtoun of Ryhill in place of the 
said Vicount of Air, who ar now furth of this kingdome, to compeir 
personallie before the saids Lords upoun the day of and to 

bring and exhibite with thame ane perfyte report in writt conteaning 
the forme and ordour prescryved be thame anent the repairing and 
mending of the saids hie wayes, under the pane of rebellioun, etc., with 
certificatioun, etc." 

" Anent our Soverane Lords letters direct, makand mentioun, — Forsa- Charge to the 
meekill as the Kings Majestic hes by diverse letters directed to the Lords anent the *^' 
of Privie Counsell recommendit unto thame to have a speciall care for the h^^dSiiSen^in 
religious educatioun of noblemens childrein whois parents ar reputed to ^^^. t"*« 
Foi.M, b. be disconforme to the present prof est religioun to the intent they might gee an^^ p. 45. 
be bred and trayned up in the trew grounds of religioun ; and anent the 
charge givin to Williame, Erie of Angus, to have compeered personallie, 
brought, presented and exhibite with him Williame and James Dow- 
glass^, his sonnes, Margaret, Jeane, Grissell and Anna Dpwglasses, his 
daughters, before the Lords of Privie Counsell this present xxvj day of 
Februarie instant to the intent ordour and directioun might be givin 
for thair educatioun and breeding in the grounds of trew religioun, 
conforme to his Majesteis expresse will and pleasure signified to the saids 
Lords for that effect, under the pane of rebellioun and putting of him to 
the home, with the certificatioun to him and he faUyied letters sould 
be direct simplidter to putt him thairto, lykeas at mair lenth is con- 
teanit in the saids letters, executiouns and indorsatiouns thairof : Quhilks 
being callit, and Sir Thomas Hoip of Craighall, knight baronnet, his 
Majesteis Advocat, compeirand personallie for his Majesteis interesse, 
and the said Erie of Angus being lykewayes personallie present, who 
excused the not exhibitioun of his saids daughters in respect as he 
afl&rmed they wer in Tamtallan the tyme of the charge givin imto him 
for exhibitioun of thame, whilk charge wes givin unto him in Dowglas, 
and as for the eldest sone he declared that he wes bedfast of a sore leg, 
and that he wes readie to exhibite the other sone. Whilk declaratioun 
being heard, and considderit be the Lords and they being thairwith 
rypelie advised the Lords of Secreit Counsell continewes the advysing of 
the place where his sonne sail be boordit till the tent of Marche nixt ; 
and ordanis the Erie to be advised betuix and that day whome he will 
nominat to be pedagogue to his sone; and ordanis him to exhibite 



70 



REGISTER OF THE COUNCIL. 



1629. 



value of the 
stock and 
teinds in 
Orkney and 
Shetland. 



his twa eldest daughters before the said Lords upoiin the said tent day ffj^J^J'™*'^ 
of Marche nixt." 1629. 

Charge to "Forsameekill as certane termes and dyets being appointed to the^®^* ' * 

of oSney^anS presby tereis of this kingdome for making a report of thair diligence in 
aroertain^the ^^® nominatioun of subcommissioners for trying of the valuatiouns and 
the trew worth and rate of the teinds in eache parish there is no report 
at all made as yitt of anie dih'gence done within Orkney and Zetland, 
sua that his Majesteis service in this point for that pairt of the countrie 
is lyke to be frustrat and disappointed, Thairfoir the Lords of Secreit 
Counsell hes givin and grantit and be the tennour heerof gives and 
grants full power and commissioun be thir presents to George, Bishop 
of Orkney, M' Johne Dick, shireff depute, Williame Sinclare of Sybo, 
Edward Sinclare of Essinquoy, James Fea, fear of Cobarstoun, George 
Sinclair of llapnes, Johne Colweill of Hope, Eobert Halke of Catoa and 
Johne Fleeming of Carwod, or anie fyve of thame, to try and informe 
thameselffes by all the lawfuU wayes and nieanes they can according to 
the articles following of the trew worth of the lands of the parishes Foi. 9.^, a. 
within the presbytereis of Orkney and Zetland in stocke and teind, where 
the teinds hes beene bruiked in stocke and teind in tyme bygane, and 
what the lands payes presentlie, what they have payed in tyme bygane 
and what they may pay of constant rent in stocke and teind in tyme 
comming, and that they report to the general commissioun the just and 
trew worth thereof in constant rent to thair judgement ; with power 
lykewayes to the saids subcommissioners or anie fyve of thame to informe 
thameselfifes by all the lawfuU wayes and meanes they can according to 
the articles following of the trew and constant worth of the teinds, both 
great and small, where the teind hath beene drawin severallie frome the 
stocke be the titular or his tacksman not being heretour of the land for 
the space of sevin yeeres within these fyf tene yeares bygane at least, and 
if the heretour be desyrous that the rent be lykewayes tiyed with the 
teind according to the trew and constant worth and rent of the land 
the saids Lords allowes the subcommissioners to doe the same ; and re- 
commends to the subcommissioners to deale f aithf ullie in thir valuatiouns, 
becaus after thair precise tryell his Majestic is to give the ease thairin 
to the heretours : With power to the saids subcommissioners for this eflfect 
to conveene and meete in the seate of the said presbyterie of Orkney or 
suche other convenient place as they sail appoint and publishe where 
the people may be accommodat in interteanement and loodging ; com- 
manding heereby the saids subcommissioners to sitt twise everie weeke 
and ofter as they please, and remitts the dayes of thair meeting to thair 
*awin choise and appointment; and with power to thame at thair meet- 
ings to call all parteis having interesse in thir valuatiouns before thame, 
and if both parteis be present that they proceid to thair tryell without 
citatioun by writt, witnesse or oath of partie, in maner sett doun in this 
subcommissioun, and that nane be admitted to be witnesse bot suche as 



1629. CHARLES I. 71 

Acu Febnuiry ar knowin to be famous men and worth ane hundreth pund of free geir : 
1829. ^ And if the parteis having interesse in thir valuatiouns be not present, 
FoL 95, ». ^^jj power to the saids subcommissioners or anie fy ve of thame as said 
is to direct thair awin precepts and to cans charge the saids parteis 
personallie if they can be apprehended, and failyeing thairof at thair 
dwelling place, and be opin proclamatioun at thair parish kirk and heid 
burgh of the shyre where the lands and teinds contraverted lyes, to com- 
peir before the saids subcommissioners at suche dayes as they sail 
appoint with continuatioun of dayes to heare and see the saids valua- 
tiouns tryed and cleered, and ordanis that these who dwellis within the 
presbytereis sail be charged upoun ten dayes warning, and that these 
that dwellis out of the presbyterie sail be charged upoun twentie dayes 
waiming in manor foresaid, and that minors be charged personallie or 
at thair dwelling places, and that thair tutours and curatours be charged 
Foi. 95, b. be opin proclamatioun at the mercat croce of the heid burgh of the shyre 
where the land lyes, and that suche persouns as ar not within the 
countrie be chargit at thair dwelling places and be opin proclamatioun 
at thair parish kirk, peir and shore of Leith upoun threescore dayes 
warning. And if nather titular nor heretour will compeir before the saids 
subcommissioners and insist in the cleering and trying of thir valua- 
tiouns, with power to the said subcommissioners or anie fyve of thame 
as said is, to make choise of ane procuratour fiscall and to authorize him 
with thair warrand to persew and follow out the probatioun and tryell 
of ihe valuatiouns concerning these who delayes or refuises to insist, 
which persute and tryell they sail prosecute and follow out if the 
titular or heretour refuise or delay thair persute till the fyftene day of 
Maij nixt, but prejudice to the said procuratour fiscall to proceid sooner 
in his persute if the subcommissioners or he sail be so commanded by 
his Majestic. And the saids Lords ordaines that the charges and 
expenses to be bestowed be the said procuratour fiscall upoun thir 
citatiouns sail be refounded unto him upoun productioun and allowance 
of his compt by his Majesteis Thesaurar and Sessavers of his Majesteis 
Eents, whome the saids Lords ordaines to pay the same accordinglie. 
With power lykewayes to the saids subcommissioners or anie fyve of 
thame to direct thair precepts at the instance of the partie persewer or 
defender if they desire the same, and if they neglect the same, at the 
instance of the procuratour fiscall, for the charging of witnesses to 
compeir and depone anent the clearing of the saids valuatiouns ; which 
witnesses, notwithstanding of the absence of the parteis, the saids Lords 
ordanis the saids commissioners to purge of partiall coimsell and that they 
ar nather within degrees of consanguinitie nor affinitie nor removeable 
tennents nor domestick servants to the parteis having interesse ; and 
ordanis the depositiouns of thir witnesses to be subscryved be the most 
pairt of the subcommissioners being present, and that suche of thame 
as cannot write cans the clerk of thair court subscryve for thame. 



72 REGISTER OF THE COUNCIL, 1629. 

And if anie of the parteis, to witt, the persewer or defender make choise f^J??®}*™*'^ 
of the tennant or servant of his adverse pairtie to be witnesse in hi8i629. 
cans the saids Lords ordains and commands the maisters of suche wit- ^°^' ^^' ^ 
nesses to enter and present thame and to cans thame compeir before the 
saids Bubcommissioners to depone and beare witnessing in the premisses 
as they will answere upoun thair dewtie and obedience. And whair the 
stocke and teind ar to be valued togidder, the saids Lords finds, declaires 
and ordains that it sail be lawfull to the titular or heretour and to either 
or both to use thair probatioun and that the witnesses to be produced by Foi. 96, a. 
thame sail be of equall nomber not exceeding ten persoims if they please 
to use so manie ; and where the teind hath beene severallie led for the 
space of sevin yeeres in maner foresaid and is to be valued by the selffe, 
the saids Lords ordaines and declaires that the titular sail be preferred 
and have the prerogative of the probatioun, reserving to the heretour the 
power to prove the trew and constant worth of his lands be ten witnesses 
if he please to use so manie. And siclyke the saids Lords declares that 
it sail be lawfull to anie parteis having right to the teinds of other mens 
lands to referre to thair oath of veritie the just and trew worthe of the 
stocke and teind joyntelie or of the teinds severallie by the selffe. With 
power lykewayes to the saids subcommissioners or anie fyve of thame, as 
said is, to take the parteis oath de caluninia upoun the trueth of the rent 
and valuatioun to be givin in by thame and that als weill of both parteis 
if they be present as of one of thame in absence of the other, which oath 
the saids Lords ordains to be givin in thir termes : That the partie 
beleeves that the valuation or rentall givin in by him is a trew rentall. 
And where rentalls of teinds ar by the space of fourtie yeeres in victuall 
neere hand the just availl the saids Lords ordanis the same to st£md if 
both parteis agree and none oppone aganis the same. And where it sail 
fall out that there sail be ane concurse of contrarie probatioun produced 
be both parteis, the saids Lords ordanis the subcommissioners to have 
respect to these witnesses who gives the best and cleerest cans of thair 
knowledge and without respect of pluralitie. And where the sub- 
commissioners ar in equall nomber the saids Lords ordanis the conveenner 
or moderatour not to vote where the votes ar oddes before it come to 
him hot allanerlie where the votes ar alyke and than his vote to be givin 
and no otherwayes. And whereas it is necessarie and requisite for the 
formalitie of proceeding and for the more speedie and quicke dispatche 
of the proceedings in this subcommissioun that a conveenner and 
moderatour be chosin in the saids presbytereis to conveene his associats 
and to moderate at thair meeting, Thairf oir the saids Lords have npminat 
and appointed and be the tennour heerof nominats and appoints the said 
Bishop of Orkney to be conveenner for the saids presbytereis of Orkney and 
Zetland, who sail onelie conveene his associats to thair first meeting, at 
the which first meeting ordains the subcommissioners to make choise 
thameselffes of a conveenner for all the rest of thair meetings. With 



1629. CHARLES I. 73 

Acta February power lykewayes to the saids subcommifisionei-s or anie fyve of thame to 
1629. ^ make choise of ane famous and honest man to be thair clerk, which clerk 
Foi. 9«, b. gj^jj ^ ather shirefif clerk, clerk to the justices of peace, commissar clerk, 
or some other honest and famous notar. And whereas diverse persouns 
als Weill parteis as witnesses will necessarlie have occasioun to attend the 
saids subcommissioners for cleering of the saids valuatiouns who darre 
not compeir and attend tliat service for feare of some civill homings 
quhilks they underly, Thairfoir the saids Lords declaires and ordains that 
all suche persouns als weill parteis as witnesses who sail be wairned to 
compeir before the saids subcommissioners or sail have interesse without 
citatioun to attend thame for trying of the saids valuatiouns that they 
sail be free to compeir and attend the saids subcommissioners for the cans 
foresaid and that for the space of aucht dayes proceeding the dyet of thair 
compeirance and for the space of aucht dayes thereafter, discharging in the 
meane tyme all judges, officiars and magistrate to burgh and land of all 
taking, apprehending, wairding or arreisting of anie of the saids persouns 
be vertew of anie civill hornings or captiouns raised thairupoun, dis- 
charging thame thairof and of thair offices in that pairt during the space 
foresaid. And the saids Lords ordains that all the dyets of the sub- 
commissioun sail be with continewatioim of dayes. And whereas the 
persouns particularlie abonewrittin, nominat subcommissionera for the 
saids presbytereis, have not accepted that charge upoun thame and givin 
thair oath for the faithfull executioun thairof, Thairfoir the saids Lords 
hes givin and grantit and be the tennour heerof gives and grants full 
power, warrand and commissioun to the moderatour and brethrein of the 
said presbyterie of Orkney to receave the oath of the subcommissioners 
abonewrittin for the faithfull discharge of the same subcommissioun, and 
to make a note thairof and of the saids subcommissioners thair accepta- 
tioun of the same to the saids Lords; commanding and charging also 
the saids subcommissioners to compeir and make thair addresse to 
the said presbyterie upoun the first presbyterie day after they 
have receaved thair subcommissioun and there in presence of the 
presbyterie to accept the subcommissioun upoun thame and give 
thair oath. And the saids Lords ordains the saids subcommissioners 
of the saids presbytereis of Orkney and Zetland to make a report 
of thair proceedings and diligence in the executioun of this present sub- 
commissioun to the saids Lords upoun the xxviij day of Julij nixtocome 
or sooner if they be readie to doe the same, as they will testifie thair 
affectioun to the furtherance and advancement of so good and necessar a 
worke. And the saids Lords ordains and declaires conforme to ane 
former Act made to this purpose that nane of the subcommissioners sail 
have vote in anie matter whairin he sail be knowin to have interesse 
tumselffe. And ordains letters to be direct to make publicatioun heerof 
at the mercat croce of Kirkwall whairthrow nane pretend ignorance of 
Foi. 97, a. the same, and to command and charge all and sindrie his Majesteis lieges 



74 REGISTER OF THE COUNCIL 1629. 

and subjects to reverence, acknowledge and obey, concurre, fortifie and i^fT??''"*^ 

assist the saids subcommissioners in all and everie thing tending to the i629. 

executioun of this present subcommissioun, and for this eflfect to compeir *^®^' *^' ** 

before thame so oft as they sail be charged to this eflfect, and to doe and 

performe that which to thair dewtie and charge apperteannes as they will 

answere upoun thair obedience at thair highest charge and perrell, and 

under the pane to be called, censured and punished for the same 

accordingly." 

Charge for the " ForsamcekiU as the Lords of Secreit Counsell considdering how that 

e^^ethat thir diverse yeeres bygane the people repairing to the burgh of Edinburgh 

cWhwdof ^^^^ Mussilburgh, Fisherraw, and others pairts in East Lothiane,hes made 

Hoiyrood, in thair ordinaric passage throw the kirkyaird of Halyrudhous whilk they 

Majesty's defile with filth and otherwayes, especiallie at the verie side of the kirk 

vSit°**'^°* and direct under the windowes of his Majesteis galrie of Halyrudhous, 

whilk will be verie unseemelie to be scene be strangers the tyme of his 

Majesteis heere being, Thairfoir the saids Lords upoun the consideratioun 

foresaid and upoun manie other good respects hes thought meit and 

expedient, commanded and ordained that the east style leading to the 

churchyard of the said kirk sail be closed and built up with stone and 

lyme for restrayning of the passage of people throw the said kirkyaird 

whilk is no hie nor ordinarie way, anent the closing and building up of 

the whilk style this present act sail be unto these whome it concerns a 

sufficient warrand." 

Charge to " Forsameekill as the Lords of Secreit Counsell finds it meit and 

of Dumbiane, expedient that aganis the tyme of his Majesteis heere comming the kirk 

asM^n^whatof Halyrudhous sail be sighted and that suche defects as ar thairin 

improvements (whilks ar athcr a hinder to the lights of the kirk or otherwayes) sail be 

are necessary ^ ^ *f / 

in Hoiyrood helped by removing of the lafts being within the said kirk and placeing 
his Majesty's^ of thamc in somc other convenient pairt whair the light of the kirk will 
^^*' not be impeded nor hurt, Thairfoir the saids Lords nominats, appoints 

and ordains Adame, Bishop of Dumblane, Sir Johne Scot of Scottistarvett, 
knight, and Sir James Bailzie of Lochend, with James Murrey, maister 
of his Majesteis workes, to repaire to the said kirk of Halyrudhous and 
take a perfyte survey thairof and of suche defects as ar thairin and ar 
fitting to be decored and reformed, what lofts ar necessar to be removed 
and in what other convenient places of the kirk they may be sett and 
sattled, and to report thair opinioun thereanent to the saids Lords, to the 
uitent directioun and ordour may be givin thereanent accordinglie." 

Hoiyrood [Sederunt as recorded above.] Decreta, 

House. 26th »■ J Norember 

February 1629, 1627-Januanr 

Continuation Petition by Alexander M^Culloch of Mertoun, as follows: — He hasi^-,^ , 

of protection . , - , o. • , . . , * ®1- ^79, b. 

to Alexander " somc great actiouns before the Sessioun, as namelie, one aganis the 

Merton?^ ^ rclict of Doctour M^^Culloch, whilk hes this long tyme dependit and hes 

bred him a great deale of trouble and ydle and needlesse chaises ; and 



1629. CHAELES I. 75 

i>ecfetB, whereas in the attending upoiin thir actiouns he spends his tyme, waists 
i627-Janaary his estait, and neglects all his other adoes, he is thairfoir resolved to take 
y^.i79 h. * present course for cutting short of all his actiouns by disponing of 
suche a proportioun of his land and heretage as will give unto all his 
creditoui'S satisfactioun." But his lying under some hornings hinders 
" this good and necessar worke whilk imports the standing and decaying 
of his hous," and he therefore craves their Lordships* protection. This 
the Lords grant until 3rd March next. 
FoL ISO, a. Complaint by the Moderator and brethren of the presbyteries of the George, Earl of 

diocese of Caithnes, as follows : — They are obliged by the Act of Parlia- oSersl^' *" 
ment held at Edinburgh in June 1594 to proceed against Papists and ^f^^^^f^^** 
those suspected to be so, and to delate recusants to the Council, who are the censure of 
thereupon to proceed against them by denunciation and escheat, not 
only of movable goods, but of liferent rights. Now George, Earl of 
Caithnes, Francis Sinclair of Stirkock, Sir Alexander Oordoun of Navi- 
daUl, knight, and Dame Margaret M^Cleud, his spouse, being long 
suspected as Papists, and having been for that cause, and for refusal to 
frequent the Kirk, hear the Word, and communicate, called before the 
complainers, and contemptuously disobeying and continuing with " ane 
obstinat and objured resolutioun" in their erroneous opinions, were, after 
long pains and patience on the part of the complainers, proceeded against 
with the censures of the Kirk. On 14th October 1627 the said Earl 
of Caithnes and Francis Sinclair were excommunicated in the Kirk of 
FoL 180, b. Halkirk in time of Divine service by Mr Alexander Cumming, minister 
there, and on 4th September 1627 Sir Alexander Gordoun and his wife 
were excommunicated in the Kirk of Loth by the minister thereof, but 
they pay no heed thereto. Charge having been given to these persons to 
compear and produce certificates of their relaxation from the said 
censures, and Sir Thomas Hoip of Craighall, King's Advocate, compearing 
for his Majesty's interest, but the defenders not compearing, the Lords 
ordain them to be denounced and escheat. 

Complaint by Sir Thomas Hoip of Craighall, Kings Advocate, and Complaint by 
by George, Earl of Caithnes, and Francis Sinclair, his lawful son, as Cait^ess, and 
follows: — ^Though the wearing of hagbuts and pistols and the convoca- ^^'^^^^^ 
tion of the lieges in arms are very strictly prohibited by law, yet on John SmciHir 

" • ifii rs t t 1 T 1 rN. t • » -TN 1 » ^ ■»/ and others for 

f .. isi, a. 28th August last, John Smclair of Dunbeth, George Mowat, son toaasauitand 
Andrew Mowat of Swinzie, John Gilbertsone in Dunbeth, Angus and***^**' 
Alaster Robsoun there, Angus Roresoun there, Alexander, John and 
Andrew Watersoun there, John Mowat and John Huchesoun in Easter 
Greeneland, Donald M^Rorie in Ballantenuk, and Hutcheon Forbes, 
servitor to the said Laird of Dimbeth, with others to the number of 
forty persons, armed with bows, darlochs, swords, hackbuts, pistols, and 
and other weapons, came in tumultuous manner to the lands of , 

adjacent to the said Earl's gate and dwelling-house, where four herds 
were watching some goods pastured there, the property of Lady Isobell 



76 REGISTER OF THE COUNCIL 1629. 

Sinclair, his daughter, and fiercely assailing ''the poore people, houssed^eent^ 
thame within thair houses, threatned thame of thair lyffes if they madei827-JanaAi7 
anie oppositioun or resistance unto thame," and then took away a great y^igi ^ 
number of ''ky, oxin and sheepe perteaning to the said Erles spous and 
daughter." When the said Earl heard of this he sent his said son 
Francis to ascertain the cause of this convocation and reaf at his gate, 
but "they returned no other answere hot with thair bendit bowes, 
nocked arrowes, and bendit pistolets, persewed the said Erles sone and 
the few persouns in companie with him of thair lyflfes, shott arrowes at 
thame and threatned thame with present death if they depairted not." 
Charge having been given to the persons named, and the pursuers com- 
pearing, the Advocate personally and the Earl and his son by William Foi. 181, i». 
Mortimer, indweller in Edinburgh, but the defenders not compearing, 
the Lords ordain them to be denounced and escheat. 
Ho^^th Commission under the Signet to the SheriflF of Renfrew and his J^'gj^*^'^ ^ 
February ie29. dcputes, jointly and severally, as justices, to hold courts and try Bessie FoL 192. a. 
theSheriffof^ Peacokc, spousc to Jamcs Simsoun in Grourocke, who has been long 
I^^J^ ^ suspected of witchcraft, and whose depositions and confessions support 
oock in the same. Signed by Mar, Hadintoun, Seafort, Camegy, Hamiltoun, 

witehCTaft?*^ and S' Thomas Hoip. 

Letter to be "^ letter to be writtin to his Majestie certifeeing his Majestic of ^^h® fS^?^*^*^' 
his^Ma^**' contempt of the Marques of Huntlie, who being ordanit to be denuncitFoi. iii.a. 
anent the rebcU hes without ony obedience givin or acquenting of the Counsell 
Hunt?y? ° maid his addresse to his Majestie, quhairby his Majesteis auctoritie is 
slighted and contempned, the estate of religioun endangerit by the pre- 
sumptioun of the papistis and fearis of the ministeris and trew profes- 
souris yf his Majestic sail allow unto the Marques countenance or 
favour, and thairfoir humelie to intreate his Majestie to remitt the 
Marques bak heir to abyde his try all and performe his duetifull obedience 
without showeing unto him ony kynd of princelie indulgence." 
SirWiUiam "A missivc to Sir Williame Setoun to be heir upoun Twisday." 

The Laird of "The Laird of Corstorphin nominat convenair of the justiceis of peace 
aT^e*^?ni ^^^^^^ ^^^ shirefdomc of Edinburgh in place of Sir James Dundas, and 
of Kiiapindie. the Laird of Kilspindie, convenair of the justiceis within the con- 

stabularie of Hadintoun, in place of Sir Williame Seytoun." 
S?nbSI|hto ' "^^^ qnhilk day intimatioun wes maid to the burgh of Edinburgh Foi. lu, k 
be put in order and the Caunogait to haif a cair that thair houses be in goode ordour, 
tionofhia*^ thair napric savorie, thair streitis keept clene, beggaris removed, and 
Majesty. ludgciugis prcpairit for his Majesteis tryne." 

Sheriff^ to be " '^^ Lordis ordauis the shireffis who hes not reportit thair diligence 
denounced, in elcctiouu of commlssionaris for the Parliament to he denunceit, and 
yf they reporte befoir the registratioun the denunciatioun to be voyde." 
HolwT^th " After our verie heartihe commendatiouns to your good lordship. Royal utter, 
February 1629. There wcr laitlic two lymmers apprehendit for robbing one Niniane foL 154, i*- 
wniSi^Atex. Halyday under cloud of night at the West Port of Edinburgh, who being 



1629. 



CHAKLES I. 



77 



|^;^^^«**«»» examined upoun thair guiltines of the said cryme they for thair awin »nd«r anent 
FoL 164, b. liheratioun and to lessen thair punishment by divyding of the fault faulselie who had been 
accused one Johne Balfour to have beene accessorie with them to the ^n^mncS to 
FoL 155, a. committing of the deid, for the quhilk they being all three putt to the<*®»^'o'' 

knowlege of ane assyze they wer condemned and convict to be hanged ;seeaii<<*p.i6, 

quhairupoun the two lymmars finding themselffes disappointed of thair 

hopes and thair consciences remording them for thair unjust challenge of 

Balfoure, they come presentlie to a confessioun of the wrong and cleered 

his innocencie in presence of the court, quhilk being represented to the 

Counsell be the bailleis of Edinburgh ordour wes givin imto thame to 

stay and superseid the executioun of Balfoure and to require the ministers 

to demand the other twa upoun the ledder tuicheing the truthe of thair 

declaratioun, quhilk being accordinglie done they went to death ratifeing 

the same, as the report thereof heerewith sent up to your lordship more 

fully beiris. And quhairas by the commissioun of the Counsell thair is no 

place nor power left unto us to dispense with the law after pronuncing 

of the doome and that anie favour to be showin in that caise must flow 

frome his Majesteis clemencie and grace we have thairfoir thought good 

to acquaint your lordship with the trew estait and merite of the cans to 

the intent his Majestic upoun your lordships informatioun may be moved 

to grant a remissioun to the said Johne Balfour for the cryme aforesaid, 

which we will intreate your lordship to haisten and send doun in regaird 

he is a poore indigent youth and is still prisouner in the tolbuith for a 

cryme quhairof he is innocent. And so, etc. Halyruidhous, 26 February 

1629. SubsmJbituT, Mar, Hadintoun, Seafort, Lome, Carnegie, Advocat." 



Sederunta, 
FoL 114, b. 



Treaaurer; Privy Seal; Roxburgh ; Seaforte; Lome; Areskine ; Hoiyrood 
Bishop of Dunblane; Clerk Eegister; Advocate; Justice Clerk ;FeSiwy 1629. 
Sir John Scott ; Sir James Baillie. 



.Ttvedees of 
Peace, 1612. 
1639. 
FoU 42, a. 



" Proclamatioun anent beggaris.'* 

" Act anent the cariage." 

" Act anent the hiewayes.'* 

"The Laird of Newtoun nominat convenair of the justiceisof peace within 
Fyflfe ; Amisfeild within Drumfreis ; Inchemartine within Perth, Strath- 
eme and Menteth." 

** Forsameekle as the office of conveener of the Justices of Peace Hoiyrood 
within the shiref dome of Edinburgh now vaikes by deceasse of umquhill February 1629, 
Sir James Dundas, last conveenner of the saids Justices of Peace within |^,^JJ^® j 
the shiref dome foresaid, and whereas there is ane great necessitie that a Corstorphine 
new choice sail be made of some fitt and qualified persoun to discharge c&^ener of 
that service speciallie at this tyme when his Majestic intends to honnour *5®p^*^ 
this his ancient Idngdome with his royall presence, and whereas there within the 
will be manie directiouns properlie concerning the saids Justices of Peace Edinburgh in 
and dispatche be thame, Thairfoir the saids Lords hes nominat, elected, jJ^J^^^^^ 



78 EEGISTEK OF THE COUNCIL. 1G29. 

made and constitute, and be the tenour heirof makes and constitutes SirJn«tio«of 

. Peace 1612- 

George Forrester of Corstorphine conveenner of the Justices of Peace i639. ' 
within the said shiref dome of Edinburgh in place of the said umquhill ^^^' ^ *• 
Sir James Dundaa, with power to him to use and exerce the said office 
with all the liberteis and priviledges thairof siclyke and als f reelie in all 
respects as the said umquhill Sir James Dundas used or might have used 
the said office ; ordaining be thir presents the remanent justices of peace 
within the said shirefdome or so manie of thame as sidl be present for 
the tyme that at thair first meeting they take the said Sir George his 
oath for the faithfuU discharge of his office." 
^arteris of Similar Act appointing Sir John Charters of Amisfeild convener of Foi. 42, b. 
Amisfieid the Justiccs of Pcace of the sheriffdom of Dumf reis, vacant by the death 
Sonrener of of Sir Eobcrt Grcir, elder of Lag. 

Dumfries. Similar Act appointing Dowglas of Kilspindie convener of the 

Kn^indie Justiccs of Peace of the sheriffdom of Hadintoun, vacant by the employ- 
cSS^MOT of °^®^^ otherwise of Sir William Seatoun, knight. 

Haddington. Similar Act appointing Mr John Leslie of Newtoun convener of the Foi. 48, a. 
John Leslie of Justices of Peace of the sheriffdom of Fyffe and Kinroscher, vacant by the 
appointed preferment of John, Lord Weymes, to the honour and dignity of a baron 
YitesMd ^ aiid lord of Parliament, which disables him to attend his former charge 
Kinross. q{ convcncr. 

Ogiivie of Similar Act appointing Ogilvie of Inchemartine convener of 

^poSttted** the Justices of Peace of the sheriffdom of Perth and stewartries of Strath- 
^rSTand^^ cmc and Menteith, vacant by the preferment of Sir George Affleck of 
stewartries of Balmanno to be one of the Senators of the College of Justice, whereby he 

Stratheamand. ,.,,,,, ° > J 

Menteith. IS disabled to act as convener. 

Hoiyrood " Our vcrfc honnourablc good lords, we doubt not hot your lordships ^^7^ Letter., 

February 1629. hcs becnc sufficicntlie informed by the report of the Erie of Monteith Foi. 155, a. 
M^MtyV.**" ^^^ Sir Archibald Achesoun, his Majesteis Secretar, of the Counsell 
^uncii at thair proc*«edings aganis the Marques of Huntlie for his contemptuous 
the Marquis of dissobedience in the not executioun of suche warrands as by ordour 
Seeanu 76. ^^^^^ ^ Majcstic wcr direct unto him for apprehending of Jesuits and 
excommunicat papists residing within his bounds and bearing publict 
charge and office under him, for quhich his neglect being denunced his 
Majesteis rebell and we expecting that for purging of his former over- 
sight he sould have testified his obedience by the effects of his diligence 
as wes promised in his name, he hes now, to the further contempt of 
auctoritie and vilipending of the Counsells proceedings aganis him, made 
his addresse to his Majesteis royall Court without taking anie notice of 
the Counsell or giving unto them any accompt of his service quhairwith 
he wes intrusted, as by the copie of the letter direct unto his Majestie 
tuicheing that bussines your lordships will be more fullie acquainted. 
And quhairas the Marques his proud contempt of his Majesteis lawes and 
carelesse neglect of the Counsell in suche a slighting manor is inexcusable 
in it selffe and most dangerous in the exemple, we will earnestlie 



1629. CHAKLES I. 79 

^^^2^*^^^^ intreate your lordships to take the mater and the consequence thairof 
FoL 155. a. to jour wisc considcratiouns, and to assist the preferring of our letter to 
Foi. 166, b. his Majestic, and so to advise his Majestic in the right ordering of this 
most important eflfaire as God thairin may be glorified, religioun estab- 
lished, the Counsells auctoritie mainteaned, and the quyet of the estait 
assured ; all whiche recommending to your lordships care and wisdome, 
we committ your lordships to God. Halyruidhous, the last of Februarie 
1629. Svhscrihittir^ Mar, Hadintoun, Roxburgh, Seafort, Lome, Areskine, 
Dumblane, Clerk Register, Advocat, Justice Clerk, Scottistarvet, S' James 
Baillie." 

"Most sacred Soverane, By our former letter of the thrid of thisfol^^^th 
instant we acquainted your Majestic with our proceidings t^anis the^«^"»*''y^?29. 
Marques of Himtlie quhom we ordained to be denunced your Majesteis Majeaty anent 
rebell for his contemptuous dissobedience in neglecting the executioun of Huntiy^nd °' 
suche warrands as wer direct unto him as your Majesteis shireff, lands- hia neggect to 
lord, and one of the greatest note and power in these bounds, quhairin S^ocordance 
his slackenesse and oversight is the more inexcusable considdering that J^^^^u'^^jy^ 
the service wes easilie prestable be him and that the performance thereof 
did highlie conceme your Majesteis auctoritie, the establishement of 
religioun and quyet of the estait. And how ever we expected that the 
Marqueis, out of the conscience of his imdewtifull cariage and in appre- 
hensioun of your Majesteis just displeasure aganis him for the same, sould 
have studied by the effects of his diligence to have expiat his fault and 
witnessed his obedience according to that quhilk in his name wes assuredlie 
promised by the Goodman of Buckie and his new shireff-depute of Abir- 
dein laitlie substitute in place of the former, who wes ane avowed papist, 
yitt he hes beene so farre frome giving anie prooffe of satisfactioun in that 
kynde that to the further contempt of your Majesteis auctoritie and vili- 
pending of your Majesteis Counsell, he come to the toun of Leith and 
without making his appearance before us or giving anie accoimt be him- 
selffe or anie other of the service concredite unto him he hes slightinglie 
past by us and is now upon his addresse to your royall Court. The 
honnour caryed to his qualitie and eminent place made us to have wished 
that his obedience to your Majestic and the lawes might have fred us 
frome the necessitie of using anie rigorous proceedour aganis him, hot the 
dewtie of the place quhairwith your Majestic hes beene pleased to honnour 
and trust us doeth so strictlie bind us that we cannot forbeare to repre- 
sent unto your Majestic, that which we cannot conceale without forgetting 
our dewtie to God and your Majestic, how dangerous we conceave these 
reiterated contempts by the Marqueis may by exemple prove to your 
Majestic and the religioun. For since it now appeares beyond all bypast 
practise how insolent papists ar become and how publict their exercises 
Fo3. 156, a. ar in manie parts of the kingdome it is apprehendit by manic of the best 
* affected subjects to religioun and your Majesteis obedience that if the 

Marques sail receave the least show of your Majesteis gracious and 



80 REGIRTEE OF THE COUNCIL. 1629. 

favourable countenance or that he sail not be remitted backe to undergoe ^^^^f^^ 
the censures fitt to be imposed upoun him for his contempt of auctoritie FoL 166, a. 
divine and humane the presumptioun of papists by his impunilie will 
become so intolerable as hardlie can the best affected subjects be per- 
swaded to beleeve that we can long injoy ather peace of conscience, pro- 
tectioun by your lawes, or saulfetie in our estaits frome intestine troubles, 
the last and worst of all publict calamiteis, the onelie remedie quhairof 
is expected and must flow frome your Majesteis pietie and justice, that 
thereby the Marqueis being sent backe to susteane suche tryell and 
punishment as your Majestic in your religious wisdome sail be pleased 
to prescryve, terrour may be wrought in the hearts of these who, having 
taikin exemple of contempt frome the Marqueis, may forseee that thair 
punishment if they persist thairin will be equall unto his. By the course 
heerin to be taikin by your Majestic the feares of the ministrie of the 
north proceeding frome the threatnings used aganis thame both by word 
and writt for the faithf ull discharge of thair calling and the apprehensioun 
of trew professours grounded upoun the insolencie of Papists licentiouslie 
debording in all the comers of the kingdome will be suppressed and 
removed, the auctoritie of your Counsell strenthned and the bold con- 
tempt of all lawes ecclesiastick and civill by papists will be curbed, to 
your Majesteis immortall honnour and quyet of your estait. And so 
praying God to direct your Majestic in the right ordouring of this 
bussines according to the exigence of tyme and your Majesteis interesse 
thairin and to blesse your Majestic in all your intentioun, we rest. 
Halyruidhous, vltimo February 1629. Subscribitur, Mar, Hadintoun, 
Roxburgh, Seafort, Lome, Areskine, Dumblane, Hamiltoun, Advocat, 
Justice Clerk, S' Johne Scot, S' James Baillie." 

The Minute Book of Processes gives the following Memoranida collec-J^nteBoik, 
tively for the month of Febmary 1629 : — Foi. 8fi,'a. 

Suplicatioun for Henrie Young, baxter, for releiff out of prissone. 

Warrand for biging of the pond at the Watergate. 

Complent of ryott : Maxwell of Garrey against M*'Kie. 

Suplicatioun for Patrick Hepbume to be put to libertie. 

Decreit for puting John Blair to libertie, 

Byott : Hardie against Kendlay and utheris. 

Suplicatioun : Brotherstaines for releiff out of prisone. 

Suspensioun and relaxatioun: Andrew Andersone against Thomas 
Craufurd. 

Petitione for Johne Cok, wryter, to sett and affix courts as commis- 
sioner deput of Dunkell within the Tolbuith of Edinburgh. 

Suplicatioun for James Phine for liberatiouu out of the Tolbuith of 
Edinburgh. 

Complent : James Maxwell of Garreir upoun his sone (Jeorge. 



1629. CHARLES I. 81 

iHoute Book, Letters : James SinoUat, merchand in Dumbartoun, against M^Clen of 
M, 88,a. Lochbowie, &c., for presenting of Donald M*-'Hector VicRorie, &c., in the 
Counsel] as their servandis and tennentis. 

Complent Ryott : Naesmith of Invar against Naime, 

Ryott : Innes of Auchinduren against Ines of Crombie. 

Suplicatioun for Hairie Willsone for his libertie els ane modificatioun 
for his interteanment. 

Ryott and hamsucken : M^'Kayne against Alexander Gairdner. 

Wrongous imprisonement : Johne Kellok, maltman in I^ith, against 
the bailzies in Leith. 

Suplicatioun for Adamesone and utheris for liberatioun furth of 
prisone. 

Ryott and hamesucken : Flemyng against Lyning and utheris. 

Ryott : Scott of CoUessie against Arnot. 

Ryott : Johne Murray against Bruce. 
Foi. s«, b. Suplicatioun for William Andersones libertie furth of the Tolbuith. 

Petitione of twa Spaynzards. 

Prorogatioun of a protectione for Kennedie of Blaquhan. 

Letters : Sir Alexander Falconer for citting Alexander M^Intosch and 
utheris rebellis, &c. 

Prorogatioun of a protectioun in favours of George Lawder. 

Protectione for Sillvester Ratray. 

Proces: William Hendriksone, skipper, against Captaine Andrew 
Watsone. 

Letters: James Mowat, Clerk of Bervick, against Anthoney Whyt 
and utheris for exhibitioun of the registeris. 

Petitione for liberatioun of James Cokbume furth of the Tolbuith of 
Edinburgh. 

Prorogatioun of ane protectioun in favours of Kennedie of Blarquhan, 

Prorogatioun of a protectione for John Stewart of Bonytoun. 

Protectione for Alexander M^Culoch. 

Artii February Sederunt — Treasurer; Privy Seal; Seafort; Lord Lome; LordHoiyro*^ 

1^29. ^ Areskine ; Bishop of Dumblane ; Clerk of Register ; Advocate ; March' 1629. 

^^- ^'» ^ Sir John Scot ; Sir James Baillie. 

" Forsameekill as altho by ane act and proclamatioun made and publeist Renewed Act 
heeretofore upoun verie considerable grounds and occasiouns highlie bu'^^,^ ot^ *^® 
Fc4. 97, b. importing the credite of the countrie speciallie at this tyme when the ^^°f;,^^j ^®*^'' 
Kings Majestic is to honnour the same with his royall presence, the vension, or 
selling, slaying, dressing, making readie and eating of anie sort of flesh Ll^t, 'in vuJw 
and of wylde foule and the slaughter of lambes hes beene verie straitlie ^aj^ty's 
prohibite and dischargit under certane panes mentiouned and conteaned visit, 
in the said act; Notwithstanding the Lords of Secreit CounseU ar^**"^'^-^'^- 
informed that some of the basest sort of the fleshours preferring thair 
VOL. m. F 



82 EEGISTER OF THE COUNCIL. 1629. 

unlawfull gayne to thair dewtie and obedience sellis and slayis flesh ^^s ^^^_J«|>™«7 

abundanilie (altho covertlie and secreitlie) as they did in anie tymei629. 

preceeding, lykeas great nombers of people of all rankes and qualiteis " * ' 

preferring the feiding of thair belleis to the obedience of the law ceasses 

not, with the lyke publict and avowed contempt, to buy, dresse, prepare 

and make readie and to furnishe thair houses with all sorts of fleshe and 

wylde foule, some pretending thair excuse and warrand for thair 

unlawfull doings to some licences quhilks hes beene unadvisedlie and 

promiscuouslie granted without respect to the qualitie of the persouns or 

anie just cans or ground whilk might conduce throw granting of the saids 

licences, throw quhilk occasioun the destructioun and slaughter of fleshe 

and wylde foule and selling of the same in sellers and other quyet 

comers is now in als great abundance as at anie tyme before this pro- 

hibite tyme of Lent, so that if this publict and avowed contempt be not 

in tyme curbed, the persouns guiltie thairof exemplarilie punished and 

some solide course tane for preventing of the forder grouth of this evill, 

there is verie probable appearance that there will be a great skairsetie 

both of fleshe and wylde foule the tyme of his Majesteis being heere, 

whilk will not onelie procure his Majesteis offence and displeasure hot 

the publict and irreparable reproache and slaunder of the whole 

kingdome. And thairfoir the Lords of Secreit Counsell upoun good 

and mature advice hes annulled and dischargit, and be the tennour 

of this present act annuUes and discharges all and whatsom- 

ever licences granted to whatsomever persoun or persouns 

for slaying, selling, dressing and eating of fleshe, wylde foule or 

vennisoun, and declares the same licences to have beene and to be voide 

and to have no force, strenth nor executioun thairafter ; certifieing all 

and sindrie persouns in whois favours thir licenses hes beene granted if 

thay or anie of tharae sail or darre presoome to violat the said 

former act and proclamatioun under cuUour of the saids licences 

that they sail be exemplarilie punished as if the licences had never 

beene granted; and ordanis letters to be direct charging officiars of 

armes to pas and make publicatioun heerof be opin proclamatioun 

at the mercat croces of the heid burrowes of this kingdome and uthers 

places needfuU whairthrow nane pretend ignorance of the same; and 

to command, charge and inhibite all and sindrie fleshours, sellers and 

slayers of fleshe and all powtrie men and other takers and slayers 

of wylde foule and vennisoun and sellers of the same or makers of Fai. 98, a. 

propynes thairof that nane of thame presoome nor take upoun hand 

to slay or sell anie kynde of fleshe or to take, slay or sell 'anie kynde 

of wylde foule or vennisoun to anie persoun or persons whatsomever 

under the paines conteanit in the former acts and proclamatiouns 

made heeranent besides the punishment of thame in thair persouns 

as proud contemners of his Majesteis auctoritie and lawes; and sic- 

lyke to command, charge and inhibite all and sindrie his Majesteis 



1629. CHARLES 1. 83 

'^^',^ February Ueges aud Bubjects of what qualitie or degree so ever they be that 
1629. °^ nane of thame presoome nor take upoun hand to buy or eate anie 
oi. 98, lu kynde of fleshe, wylde foule or vennisoun during this forbiddin tyme, 
nor upoun Wedinsday, Fryday nor Saturday under the panes parti- 
cularlie abonewrittin to be inflicted upoun thame without favour : 
aud siclyke to command, charge and inhibite all and sindrie his 
Majesteis lieges aud subjects that nane of thame presoome nor take 
upon hand to sell or slay, buy or eate anie lambes till the saids Lords 
declare thair forder pleasure thairanent under the panes foresaids to be 
lykewayes inflicted upoun thame : and siclyke to command and charge 
the provest and bailleis of Edinburgh, the bailleis of Leith and Canno- 
gait, and the provest and bailleis of all other burrowes and touns 
within this kingdome that they and everic ane of thame within thair 
awin severall bounds have a speciall care and regaird to see this pre- 
sent act to be preciselie observed and keeped, and that there be no 
slaying, selling nor buying of fleshe, wylde foule, vennisoun or lambes 
within thair bounds, nor in no corners nor sellers within the same, 
hot that they appoint honest men to be searchei-s throw thair bounds 
where and be whome there sail be anie breake or violatioun of his 
Majesteis lawes, acts and proclamatiouns concerning this mater, and 
where they sail deprehend anie suche fleshe, wylde foule, vennisoun or 
lambes, slaying, selling or buying, that they intromett thairwith, escheit 
and confiscat the same and notifie the names of the contraveenners to 
his Majesteis Counsell to the intent they may be punished conforme 
to his Majesteis lawes and proclamatiouns, as they and everie ane of 
thame will answere to the said Lords upoun the dewtie of thair offices 
at thair highest charge and perrell." 

^;^r [Sederunt as recorded above.] H«|y^^ 

1627-Janiiary March 1629. 

ItSSO 

Foi. 181, K Complaint by John, Lord Stewart of Tracquair, as follows: — The woods Complaint by 
of Wellis, Huntliehill, Westleyea, and Fascastell belonging heritably stewirt of 
to him, "verie plentifullie abounded with all sort of timber and trees ^^J^*'"' 
young and old, and wer ane ornament to that pairt of the countrie," Andrew Tam- 

J t 11 I. 1 1 1 -7 . . -L 1 j^ ' bull and others 

and he expected that reverence for the law prohibiting the destroymg for destroying 
of green wood, policy and planting, would have "moved the countrie ^n"hjf land^*" 
people about to forbeare frome cutting and spoyling" of these woods; 
yet Andrew TumbuU called Crownes in Westerleyes, James Scott in 
Eoulmylne, William TumbuU in Dowishauche, James Turnbull there, 
Stevin Thomesoun in Newtoun, Thomas NicoU and James Spynnie in 
Denholme, have for several years and especially in 1628 destroyed and 
cut a great quantity of the growing timber in the said woods, so that 
Fui. 182, a, they are almost become "voide and barren." Charge having been given 
to these persons, who compeared, and the pursuer compearing by Mr. 
Bobert Burnett, advocate, and the matter being referred for probation to 



84 



REGISTER OF THE COUNCIL. 



1629. 



verity, who denied, the Lords assoilzie them !>»««**» 

Norember 



the defenders' oath of 

simplidter. lezj-Janxuay 

Complaint by Complaint by Janet Gibsoim, daughter to the deceased Thomas Gibsoun, p^igo , 
daughter of °' bui-gess of Perth, as follows : — Her father, at his death, left her in the 

care of John Ohphant of Bachiltoun, and at the earnest desire of the 

latter she afterwards chose him and Laurence Merser of Melginche as her 



for restrictiou 
of her liberty. 



Thomas 
Gibson, 
burgess of 

her curators curators. With a greater respect to their own ends than to her weal 
they have of late begun to restrict her liberty, suflfering her to have 
access to none of her friends but such as they allow, and so watch her 
that she can hardly find opportunity to communicate with them, toi. 182, i». 
though she has frequently craved permission of her said curators to 
go and consult them about the disposal of her person and ordering of her 
estate. They shift her from place to place at their convenience, the 
better to attain their ends, and she is " now at last with the said 
Laurence Merser of Melginche, with whome she remaines and where she 
finds the lyke hard interteanement." Charge having been given to the 
said John Oliphant and Laurence Merser to compear and produce the 
pursuer, and the said pursuer compearing by James Gibsoun, advocate, 
and the said John Oliphant being also present, but Laurence Merser 
neither compearing nor producing the pursuer, the Lords ordain the said 
John Oliphant to keep ward within Edinburgh for the next fifteen days 
and then compear for further order taking in this business, under the Foi. 183, a, 
penalty of 2000 merks ; because he confessed that the said Janet Gibsoun 
was left to him by her father, and that " since the commouning betuix 
the Laird of Durie and him he had shifted her to the said Laurence 
Merser of Melginche." The said Laurence Merser is ordained to be 
denounced. 

" Ane warrand to the provest and baillies of Edinburgh to tak doun Sedenrnt*, 
of thair West Porte, and other portis, the headis and handis of suche fc^ n5, a. 
malefactouris as by sentence wer ordanit to be afiixt thairon." 

" A letter frome the Esteatis of the Lowe Cuntreyis to the Counsell 
toucheing the restitutioun of the ship and goodis callit the Grene 
theLow*^^^ Dragoun whiche wes laidnit with mastis and tymmer and bowne to 
Countries Bayoun whilk wes takin in Yetland. The Lordis ordanis ane copie of 
^^Green** *^ the letter to be send to the Admirall, and ane other to the Secretar to 
M^to his° ^ ^^® intent his Majestic may be acquentit with the trew estait thairof.'' 
Majesty. " The Lordis appointis to the Baroun of Achyll the first Counsall day 

Ach^e^'* °^ ^^^^ ^^® ^^ ^^ Aprile to reporte the submissioun subscry ved be these of 

Argyll and Tarbett." 
to b^^'ut to ^* * "^^^ Lordis decemis hoiming to be direct aganis suche of the shireftis 
"' * as hes not reportit thair diligence anent the submissionis, and continewis 

the outgeving of the letters till the penult of Marche." 

" The Ladie Corsbie nominat Rentoun ; the Laird of Corsbie nominat 
Thornidykis ; whome the Lordis ordanis to meete and to take a trew tryall 
of the rentall and wourthe of Corsbyis estate, quhat abuilyeementis ar 



Warrant for 
the removal 
of the heads 
and hands of 
traitors from 
the Ports of 
Edinburgh. 

Letter from 



the horn. 



The estate of 
the Laird of 
Corsbie. 



1629. CHAELES I. 85 

Sedernuta, due to hiT and in his possessioun, and how his childrene hes beene used 
FoUi5, a. he him this quhyle bigane." 

Treasurer ; Privy Seal ; Wyntoun ; Bugeleugh ; Seaforte ; Lord 5^^^'**^. 
Lome ; -Lord Arskene ; Bishop of Dumblane ; Clerk of Eegister ; March 1629. 
Sir John Scott, 

" The Lordifl eontinewis the mater of the tannage till the morne." '^® tannage. 

Acta February Sederunt — Treasurer ; Privy Seal ; Perth ; Roxburgh ; Bugeleuehe ; S°^y"^.u 

]>fj!).^^ Seafort; Lauderdaill ; Lord Lome; Lord Areskine ; Bishop of March 1629. 



Fol. i»8. a. 



Dumblane ; Clerk Register ; Advocate ; Sir John Scot ; Sir James 
Baillie. 



" The Lords of Secreit Counsell remembring that the magistrate of the Anent a 
burgh of Edinbui-gh made offer to prepare a pinnage upoun thair awin Siaj^y. ° 
charges for transporting of his Majestic to and fra Leith, Bnintilland 
and Kinghorne, and that the Erie of Linlithgow, Lord Admirall, opposed 
the same and undertooke the burdein thairof as ane point proper to his 
charge, Thairfoir the Lords finds that if his Majesteis Admirall hes or 
will build a pinnace for that service that he must doe it upoun his awin 
charges and that his Majesteis coffers must not be burdenned thair- 
with." 

Fill. 9S, K " The whilk day Johne, Lord Areskine, for satisfactioun of the Act Anent John, 

whereby he undertooke to sett up ane tanning hous for try ell of the and his tan^^' 
sufficiencie of the ledder tanned be his directioun, he declared that he ^^^ patent. 
wes willing and readie to offer his worke to a tryell and desyred that 
prooffe might be made thairof ; and Johne M^Nacht, deane of gild of 
Edinburgh, with some of the barkers being personallie present protested 
that the trj'ell made be the Lord Areskine at this tyme being done be 
his directioun, and the forme, maner and charges bestowed thairupoun 
being unknowin to thame, sould not be prejudiciall to the former tryell 
tane in this mater whiche is nott as yitt cleered, nor to anie reasouns 
competent unto thame for opposing the Lord Areskine his patent in 
tyme comming." 

Sederaiu, «^ letter frome his Majestic in favours of Williame Park who hes^?'***^®^ 

l<)z5-29. ^ bridges to be 

FoLiir», b. undertane to big ane bridge upoun the rivers of Clyde and Dymutane buiit by 

[sie] ; to witt, upoun cache of thame one ; the Lordis ordanis him to ^* ™ ar . 
procure the consent of the heretouris of the ground quhair the land- 
staillis of the bridges ar to be fixed." 

Fol. 116, a, « The Lordis nominatis the Clerk of Eegister, Sir Johnne Scott, and Sir TJ^^.^'^i^g 

James Baillie to conveene togidder and to call before thame suche 
skilfull and honnest men as they think fitt for tryeing the sufficiencie 
of the new tanned hydis, and to reporte to the Counsall quhat thay find 
tbairin." 



86 REGISTER OE THE COUNCIL. 1629. 

Hoiyroofi " After OUT vcrie heartilie commendatiouns to your good lordship. Royal letters 

March 1629. We Fcceaved this day aiie letter frome the Estaits Generall of the United foI. ise, a. 
Letter to tho Provinces complaining that a shippe callit The Greene Dragoun, 
anent the ship being upoun her course toward Bayouns in France, wes by distresse of 
Dragon!"^*^ weather drivin in to Sclietland, quhair she wes t^ikin by three Scotish 
Se©a«^,p.84. shippcs and brought to Leith, quhair they intend t^ make her pryze, not- 
withstanding that she loused frome her port and wes upoun her voyage 
before the publicatioun of his Majesteis proclamatioun discharging trade F^i- 156, k 
with France, and that she wes tane within the tyme allowed to his 
Majesteis confederals for obeying of that ordinance ; in regaird quhairof 
they earnestlie intreate that the shippe and goodes may be restored to 
the owner and be suffered to returne without trouble or impediment. 
Bot becaus his Majestic by speciall warrand hes dischargit tlie Counsell 
to meddle in anie thing concerning the admiraltie we have thairfoir 
forborne to interpose our selffes in that bussines and have thought good 
for discharge of our dewtie to the Estats to send the copie of thair letter 
heerewith to your lordship to the intent your lordship having acquainted 
his Majestie with the same suche ordour may be takin for thair satis- 
factioun as the course of justice and merite of the cans doeth require ; 
which recommending to your lordships care we committ yow to God. 
Frome Halyruidhous the fyft of Marche 1629. SuhscriMtur, Mar, Had- 
intoun, Perth, Roxburgh, Buccleuche. Lauderdaill, Advocat." 
Ho^'^^th "After our verie heartilie commendatiouns to your good lordship. 

March 1629. By this incloscd copie of ane letter which we receaved frome the Estats 
LorJr Admiral, y^^^ lordship wiU understand the ground of thair complaint and 
reasouns of thair desire wherewith we have forborne t.o medle and have 
reserved the ordering of that bussines to his Majestic and your lordship 
and have writtin to the Secretarie for that effect, and so hoping that 
your lordship will give that satisfactioun to the Estats whiche the justice 
of thair clayme doeth merite we committ your lordship to God. Frome 
Halyruidhous the fyft of Marche 1629. SKhsci-ibitur, Max, Hadintoun, 
Perthe, Roxburgh, Buccleuche, Lauderdaill, Advocat." 
Whitehall, 9th " Charles R., Right trustie and right weilbelovit cousine and coun- ^oh 160 a. 

March 1629. „ .,..,.,,,. . , „ , . , 

Letter from hia "teller, right trustic and weilbelovit cousmes and counsellers, and right 

the^ffi ©r^^ tmstie and weilbelovit counsellers, we greete yow weill. Whereas we ar 

Enrol. crediblie informed that our right trustie and weilbelovit cousine the 

Erie of Erroll hes beene long sicke and that for the better using of 

meanes to recover his health he is desirous to goe beyond seas, thairfoir 

our pleasure is after he hes found cautioun unto yow after the maner 

accuslomed that yow grant unto him a licence for that effect, luniting 

his residence there till we sail be pleased to give ordour for recalling of 

him ; and so we bid yow fareweill. Frome our Court at Whitehall the 

nynth of Marche 1629." 

Ma^Ye!^^^'* " ^"^^^^ ^> ^^8^^^ trustie and weilbelovit cousine and counseller, ^o'- 1«>. ^ 

Letter from his right trustic and weilbelovit cousines and counsellera, and trustie and 



1629. CHARLES I. 87 

?JJ?l^**^ weilbelovit counsellers, we greete vow weill. Whereas vow have Majesty 

1623-32: - . ^ .,/,., . • . . granting 

F«i. 160, In wnttin unto us concerning the fitnesse of the granting of a remissioun remission to 
to Johne Balfoure laitlie convicted of theft as partaker with two others ^^^J^*p°^^^^^ 
who upoun thair executiouu did cleere the said Balfoure upoun thair 
oath and death, we ar thairfoir well pleased that yow grant the said 
remissioun since yow ar confident of his innocencie ; so we bid yow fare- 
weill. Frome our Court at Whitehall, the 9th of Marche 1629." 

Acta Febnmry Sederunt — Treasurer : Privy Seal ; Wyntoun ; Bugcleuche : Seafort ; 9°^y~^^ 

Hi-isJaW T jT - I . \ , 4 ,xiii-r». 1^ n-n. 'House, 10th 

ifij9. Lord l-iorne ; Lord Areskme ; Lord Jedburgh ; Bishop of Dum- March 1629. 

^'""^ ^' ^ blane ; Clerk of Register ; Advocate ; Sir John Scot. 

" Anent our Soverane Lords letters direct makand mentioun, Forsameekill 1"^® ^j^^^V °' 

Argyll and 

as the Kings Majestie out of his royall and princelie regaird of the weale others 
of his subjects and for releeving of thame of the great travell, chai-ges fdHng^to 
and expenses, that they would susteane if they wer drawin before his Jf^^c^u^u m 
Majesteis commissioners anent the surrenders and teinds to attend the commanded, to 

flnve account of 

tryell of the constant worth of the stocke and teind of thair lands, his their neglect 
Majestie wes gratiouslie pleased to give ordour and directioun that the ^b-cSnm^. 
tryell of thir valuatiouns sould be within the presbytereis, and by some^^nersof 
selected persouns to be nominat be the presbytereis who sould be 
authorized and instructed with subconimissiouns to that effect, and 
letters and charges wer direct aganis the moderators and brethrein 
of the whole presbytereis within this kingdome for making choise of the 
saids subcommissioners according to the ordour and rule sett doun in the 
saids letters and to have reported thair diligence thereanent to the saids 
commissioners at certane dayes now of a long tyme bygane, whairin 
altho the most pairt of the presbytereis within this kingdome lies givin 
all humble and dewtifuU obedience, and hes made a tymous report of thair 
diligence and proceedings, yitt the moderators and brethrein of the pres- 
bytereis of Hamiltoun, Bute, and Argyle hes made no report at all of 
thair diligence, so that this bussines, whilk is the ground worke of his 
Majesteis royall intentioun for the weale of the subjects in leading of 
thair awin teinds and of his Majesteis annuitie is verrie farre frustrat 
and disappointed, highlie to his Majesteis offence and disappointing of the 
good and happie conclusioun of so important and necessar a worke. And 
anent the charge givin to M' Andro Boyd, Bishop of Argyle, as 
moderatour thairof, M' Patrik Stewart, minister at Eothesay, moderator 
of Bute, and M"" Thomas Mureheid, moderatour of Hamiltoun, to have 
Foi. 99, a. compeered personallie before the Lords of Privie Counsell this present tent 
day of Miirche instant, and to have brought and produced with thame 
ane sufficient report of thair diligence in the executioun of the directioun 
and charge foresaid givin unto thame anent the nominatioim of sub- 
commissioners for the effect abonewrittin imder the pane of rebellioun 
and putting of thame to the home, with certificatioun to thame and they 



88 REGISTER OF THE COUNCIL. 1629. 

failyied letters sould be direct simpliciter to putt thame thairto, ^y^^^^f^^J^J^^ 
at mair lenth is conteanit in the saids letters, executioims and indor- 1629. 
satiouns thairof . Quhilks being callit and Sir Thomas Hoip of Craighall, "* * ' ^' 
knight baronnet, his Majesteis Advocat, compeirand personallie for his 
Majesteis interesse, and the said Bishop of Argyle, M" Patrik Stewart 
and Thomas Mureheid being oft tymes callit and not compeirand, nor no 
report of thair diligence in the executioun of the charge and directioun 
foresaid being produced be thame nor na uthers in thair name, the Lords 
of Secreit Counsel! hes thairfoir ordained and ordanis letters to be direct 
charging officiars of amies to pas and denunce the saids persouns his 
Majesteis rebellis and putt thame to the home, and to escheate, etc." 
Anent tho " Ancnt the terme assigned^ to Williame, Erie of Angus, to have com- 

the airiof* peired. personallie and to have brought, presented and exhibite with him 
rfSwren in before the Lords of Secreit Counsell upoun the tent day of Marche instant 
true religion. Jaiucs Dowglas, his souc, Margaret and Jeane Dowglasses, his daughtei-s, 
Seean&,p.69. ^^ ^j^^ intent ordour and directioun might be givin for their religious 
educatioun and breeding in the grounds of trew religioun, conforme to 
his Majesteis pleasure and directioun sent to the saids Lords anent all 
nobleraens sonnes in generall whois parents are suspect to be averse 
frome the religioun presentlie profest and be law established within 
this kingdome, under the pane of rebellioun and putting of him to 
the home, with certificatioun to him and he failyied that letters sould 
be direct simpliciter to putt him thairto, as the act made to this effect 
beiris : Quhilk being callit, and Sir Thomas Hoip of Craighall, knight 
baronnet, compeirand personallie for his Majesteis interesse, and the 
said Williame, Erie of Angus, being lykewayes personallie present, who 
for obedience and satisfactioun of the said act and charges execute 
aganis him exhibite before the said Lords the said James Dowglas, 
his sone, Margaret and Jane Dowglasses, his daughters, and the saids 
Lords having impairted unto the said Erie his Majesteis royall and 
religious care tuiclieing the breeding and educatioun of noblemens 
childrene in the grounds of trew religioun, and the charge and direc- 
tioun send to the saids Lords for this effect, and they having demandit 
of him what hous he would make choise of within the burgh of Edin- Foi. 99, b. 
burgh where his sone might remaine for following his studeis in 
vertew and letters at the schooles and coUedge, and where M' Andro 
Ramsay, minister, and others ministers of the said burgh might have the 
occasioun fra tyme to tyme to conferre with him and instmct and 
confirme him in the trew grounds of religioun, the said Erie made 
choise of M' Williame Dowglas, maisser, his hous, for the eflTect fore- 
said, of the whilk choise made be the said Erie the said Lords allowes 
for ane interim till they be forder advised, and ordains the said Erie to 
advise betuix and this day aucht dayes of a pedagogue of knowledge, good 
conversatioun and sound in religioun to attend his sone and to have the 
charge of him. And the saids Lords ordains and commands the said 



1629, CHARLES I. 89 

ActaFebroaryM' Williame Dowglas to Suffer nane to have accesse to the said James 
\m. Dowglas nor conference with him bot suche persouns as ar knowin to 

FoL 99, b. ^ ^£ ^j^^ religioun, and that he suffer no papists to haunt nor frequent 
his houB, nor to suffer the said James to leave his hous without a 
warrand frome the saids Lords. And the saids Lords having demandit 
the saids Margaret and Jeane Dowglasses concerning thair religioun and 
tuicheing the behaviour and cariage of thair fathers houshold toward 
thame, and the said Lords being weill satisfied with thair answere, the 
Lords allowes thame to retume home with the said Erie, thair father, 
becaus he being personallie present actit himselffe in presence of the 
saids Lords to suffer his saids daughters to have the free exercise of 
their religioun with all helpes needfuU thairunto, that he sail hinder so 
farre as in him lyes that they be not disswaded nor no raeanes used 
to seduce thame frome the truthe, that they sail be attended and served 
with persouns of the religioun, and that ministers and others of the 
religioun sail be permitted to have accesse and conference with thame, 
and that the said Erie himselffe sail compeir personallie before the 
saids Lords when ever he sail be lawfullie chai^ged upoun ten dayes 
warning, and if neid beis exhibite his said daughters with him, under 
the pane of fyve thowsand merkes incaise he failyie in anie point of 
the premisses.** 

Xo^Sber [Sederunt as recorded above.] HolJ«^oth 

1627 January , March 1629. 

Foi.*i83, a. Complaint by Sir Thomas Hoip of Craighall, King's Advocate, as Complaint by 
follows : — Whereas the keeping of free persons in restraint, and the Hope, King's 
abuse of minors by those to whose custody they are entrusted, is a^^^jj^jj^ 
crime very prejudicial to his Majesty's royal authority, and very ^^p^.?^* of 
unworthy of curators who are " intrusted with suche tender imploy- and Lawrence 
nients," yet Janet Gibsoun, daughter to the deceased Thomas Gibsoun, MeigTnche, for 
burgess of Perth, having chosen John Oliphant of Bachiltoun and jJ^^^^^^JJ^^JJ.^* 
Laurence Merser of Melginche to be her curators, they for their own ward Jjmet 
gain have "conspyred to misplace and matche her with some dis- g^^^^'J* 34^ 
advantageous partie and so by selling of her persoun to prey upoun 
her esteat." The "young damosell" having informed some of her friends 
and implored their help towards her relief, the said John Oliphant, to 
frustrate their efforts, removed her to the care of the said Laurence 
Merser, with whom she remains and is very hardly treated, being 
refused her liberty, denied the opportunity of seeing any of her friends 

FoL 188, b. i)ut such as he pleases, and he uses " all possible meanes to worke her 
weake mynde to hearken and embrace suche a partie for her husband as 
his corrupt humour leades him to obtrude." She is thus detained " in 
the qualitie of a prisouner." The said Laurence, being cited before their 
Lordships to answer herein, had disobeyed, whereupon they instructed 
his Majesty's Advocate to institute a new process against him, and in 



90 REGISTER OF THE COUNCIL 1629. 

case of disobedience to take such an exemplary course with him as the 5*^*^ 
rigour of law would permit. Charge having been given to the said i627- January 
Laurence Merser to compear and produce the said Janet Gibsoun, and p^iss, b. 
the pursuer compearing, and also the defender with the said Janet 
being present, the said Laurence asked instruments upon the production 
of his charge as a free woman. And she being asked by their Lordships 
" with whome she wes best pleased to remaine, she declaired that it wes 
her awin choise and pleasure to remaine and abide with the said Laurence Foi. 184, a. 
Merser." The Lords, however, ordain her " to be sequestrat in the 
hous and companie of James Prymrois, Clerk of his Majesteis Counsell, 
till Thurisday nixt, that she may have free libertie in the meane tyme 
to conferre and consult with her freinds for her better resolutioun in 
what may concerne her good and estait," and she is to be brought again 
before their Lordships upon that day. 
Suspontionof Complaint at the instance of William Luiffie in Fishkellie, as 
ngainaf follows : — He Understands that he has been put to the horn by Jean 

i^n FUhkeufe*^ ^^^^^^^^*^^ ^^ Fishekellic for not enteiing in ward in the Tolbooth 
by Jean of Edinburgh to await trial for hurting and wounding her ; but he ought 

to be relaxed therefrom, because he has given her satisfaction for the 
same, and has a dischai^e from her to that effect. Charge having been 
given to the said Jean, who did not compear, and the pursuer compearing Foi. 1S4, b. 
by Patrick Rankine, servitor to Mr. James Baird, advocate, the Lords 
suspend the homing. 
Continuance of Petition by George Lawder of Bas, and Isobel Hepburne, Lady Bas, 
GrorgeUuder his mother, as follows: — Their former warrant expires on 
li^^oss^liis instant, and they have been following several courses for freeing them- 
mother. * sclvcs from debt and satisfying their creditors, but the preparing of 
securities and other occurrents demand a longer time, and they therefore 
crave an extension of the duration of their protection. This the Lords 
grant till 29th April next. 
Sir^james^ Petition by Sir James Forrester of Garden, as follows : — He formerly FoL 185, ». 

Forrester of petitioned their lordships that he might have the like recommendation 
tb*e ruin"o^hia in his favour as was granted "to the goodman of Powes, Powmylne and 
i*^gj^^jiJ^ ^j others interest by the breake of the mosse whilk overcovered thair 
a mos9 thereon, landis" in rcspcct of the great loss he sustained thereby, but their Lord- 
aM<«,p.3/. gjjjpg "wer spairing to grant the said recommendatioun" till truly 
informed of the extent of that loss. The petitioner had dealt 
with Somervell of Playne, Livingstoun of Greeneyairds, 

and Livingstoun of Kirkland to view his lands for that effect, 

which they have done, but they refuse to make any report without a 
warrant. He therefore craves that the Lords would grant a commission 
to these persons for that effect, and this their Lordships grant as 
craved. 
^rMand Ws " ^^® letter fromc his Majestie concerning the Laird of Kerse and his Sodernnts, 
jady. ladie, The Lordis, in respect the mater conceruis the estate of religioun, foL lie, a. 



1629. 



CHARLES I. 



91 



1625-29- 



continewis the ansuering of the letter till Thurisday. come aught dayes, 
and in the mean tyme ordanis the Bishop of Dumblane, who wes present, 
to adverteis the Bishop of S^ Andrewes to be heir upoun this day aught 
dayis, and to write to the presbyterie of not to proceid to the 

sentence of excommunicatioun agtmis thame induring that tyme. *' 

" The Lordis ordanis the Ladie Corsbie to resolve and advise betuix The lAdy 
and Twisday qnhat tennentis she will appoint for the landis and leving ^" '*^' 
of Corsbie and whome she will find cautioun for payment to the Laird 
of the duetie of his landis. " 



Acta February 

1*>2^-July 

Fu). 99, a. 



Sederunt — ^Treasurer ; Privy Seal ; Wyntoun ; Bugcleuche ; Seafort ; 3°^^"^ . 
Lauderdaill ; Lord Lome ; Lord Areskine ; Bishop of Dumblane ; Marcia629. 
Clerk Register ; Advocate ; Sir John Scot ; Sir James Baillie. 



" Forsameekill as the Kings Majestic hes by diverse letters directed to 
the Lords of his Privie Counsell recommendit unto thame to have a 
speciall care of the religious educatioun of noblemens childrene whois 
FoL 100, a. parents ar reputed to be disconforme to the present profest religion to 
the intent they might be bred and trayned up in the trew grounds of 
religioun, Thairfoir the Lords of Secreit Counsell ordains letters to be 
direct charging Hew, Lord Sempill, to compeir personallie before the 
saids Lords upoun the day of to heare and see ordour and 

directioun givin unto him for educatioun and breeding of his childrene 
in the grounds of trew religioun conforme to his Majesteis expresse will 
and pleasure signified to the saids Lords for that effect, under the pane 
of rebellioun, etc., with certificatioun, etc." 

" The Lords of Secreit Counsell gives and grants power and commis- 
sioun be thir presents to Sir James Pringill of Gallascheills, shireff 
principall of the shirefdome of Selkirk, to make choise of and appoint 
ane shireff clerk to serve his Majesteis lieges within the said shirefdome 
whill the first Counsell day of Julij, in respect of M' Johne Ker, lait 
sliireff cJerk, his dimissioun of the said place ; and that his Majesteis 
Secretar hes not as yitt grantit anie presentatioun or admissioun of anie 
person to the said place. " 



Charge to 
Hew, Lord 
Sempill, anent 
the education 
of his children 
in true 
religion. 



Charge to Sir 
James Pringle 
of Galashiels 
to awpoint a 
shenn-clerk 
for the sheriff- 
dom of Selkirk, 



DecreiA, 

Norember 

1627-Janaary 

1630. 

FoL 185, a. 



Sedemnta^ 
1525-29. 
Ful. 1)6, a. 



[Sederunt as recorded above.] 

" The whilk day Jonet Gibsoun, daughter to umquhill Thomas Gibsoun, 
burges of Perth, being of new exhibite before the Lords of Privie Coun- 
sell, she wes ordained to remaine still in companie with James Prymrois, 
Clerk of his Majesteis Privie Counsell, till Tuisday nixt that in the 
meane tyme ordour may be tane where she sail be sequestrat. " 

"That it be recommendit to the Countesse of Menteth in whose 
company the Lord Gray his sone remanis that no personis suspect in, 



Holyrood 
House, 12th 
March 1629. 

Case of Janet 

Gibson. 

Seefl»/^p.89. 



The Countess 
of Mentoith 
and the son of 
Lord Gray. 



92 REGISTER OF THE COUNCIL. 1629. 

religioun he sufferit to hanthis company and that she haif a cair ^hats^«>^*«» 
he haunt the kirk. " Foi. lie, b. 

T\,e sons of " That it be rememberit the last Counsall day of Marche instant yf 

Nithsdaie, the Secretair returne not his Majesteis pleasour concerning the Erie of 
i^diS^^^ Xithisdaill, the Lonl Gordoun, and Lord Gray, thair sones, that a letter 

be writtin to his Majestic for this effect. " 
The tanning. « The Lordis ordanis the provest and baillies of Edinburgh with the 
Deane of Gild and clerk to be wamit to Twisday nixt anent the mater 
of the tanning." 
Hoiyrood « After our verie heartilie commendatioun to your good lordship. Royal Letters, 

March'i629. Whcrcas the Counsell he^ resolved to proceid according to his Majesteis koL 156, b. 
Archbisho^^^of ^ir^ctiouu anent the educatioun of the sonnes of suche noblemen as ar 
St. Andrews disconformc to the trew religioun professed within this kingdome and ar 
presence aUhe to advisc upoun sindric other weightie effaires recommendit hither iroij^e 
Council. jjjg Majestic, whairin your lordships presence, counsell and directioun in 

the right ordering thairof is absolutelie necessar, these ar thairfoir to 
requeist and desire your lordship to make your addresse hither betuix 
and the xix day of Marche instant to the intent your lordship may oon- 
curre with the rest of the Counsell by your best advice in the disposal! 
of suche maters as ar to be handled that day ; and so lookeing for your 
lordships precise keeping of that dyet we committ, etc. Halyruidhous 
12 Martii 1629. Suhsdbitiir, Mar, Hadintoun, Areskine, Clerk Register, 
Advocat, James Raillie." 

Hoiyrood Treasurer ; Privy Seal ; Wyntoun ; Seafort ; Viscount of Air ; Lord AcU Febm&ry 

March' 1629. Lomc ; Lord Areskine; Lord Jedburgh; Bishop of Dumblane ; leag. ^^^ 

CUerk of liegister ; Advocate ; Sir John Scot ; Sir James Baillie. ^^*- ^^' *• 

Charge to « ForsameckiU as James Maxwell of Kirkconnell, brother to Robert, Erie 

&.of of Nithisdaill, being excoinmunicat be the oi-dour and censures of the 

appw^^fore I^irk for not conforming himselffe to the trew religioun presentlie profest 

™P^"^^^^ and be law established within this kingdome, and he being denunced 

of his defiance rcbell and putt to the home for that cans whereat most proudUe and 

of ex^omnuT^ contempnandlic he remaines as yitt unrelaxt, and in respect of his excom- 

wWch henow uiunicatioun and rebellioun he being uncapable of anie publict functioun 

lies. and charge within the kingdome, notwithstanding it is of truthe to the 

forder contempt of law and justice, offence and scandall of the Kirk, and 

to the disgrace of his Majcdteis governement, he usurps upoun him the 

office and place of a judge and in his awin persoun hes laitlie keeped 

and haldin twa courts at the brigend of Dumfreis where he hes givin 

decreits and sentences to the great abusing of his Majesteis subjects who 

ar made to beleeve that his acts and decreits may subsist be law, altho 

the contrare be of truthe ; Thairfoir the Lords of Secreit Counsell 

9rdanis letters to be direct charging the said James Maxwell to compeir 

personallie before the saids Lords upoun the day of to 



1629. CHAELES 1. 93 

Acta February answere to the premisses and to heare and see suche ordour tane there- 

1629. anent as apperteannes, under the pane of rebellioun, etc., with certifiea- 

Fouoo,a. tioun, etc." 

Foi.ioo,b. " Forsameekill as upoun ane horning used and execute aganis M' ^^a»«e *? **>« 

Alexander Irwing, burges of Aberdene, Thomas Menzeis of Balgownie, Aberdeen 
James Forbes of Blacktoun, Johne Gordoun of Craig, M' Robert Bissat ^S^onf ii^o" 
of Lessindrum, Patrik Gordoun of Tillisoule, Margaret Gordoun, good- Jjjj^'iho" 
wyfie of Cormellat, Williame Seatoun of Blair, and Thomas Cheyne of true religion. 
Eaynistoun, proceeding upoun ane excommunicatioun used and execute 
aganis thame for not conforming thame selffes to the ti-ew religioun 
presentlie profest within this kingdome letters wer direct aganis thame, be 
vertew whairof Alexander Guthrie, Marchemont Herauld, charged thame 
to rander and delyver thair dwelling houses, towres and fortalices, unto 
him within a certane space after the charge under the pane of treasoun, 
for obedience of the quhilk charge thair saids houses wer randered to 
the said Alexander Guthrie, herauld, and the same ar presentlie in his 
possessioun and keeping. And whereas it is no waves reasonable that 
the said Alexander sould be burdenned with the continuall keeping of 
the saids houses, hot that some speciall persouns be appointed to keepe 
the same upoun the expenses of the readiest of the saids rebcllis thair 
rents and living during the tyme of thair rebellioun, Thairfoir the Lords 
of Secreit Counsell gives and grants full power, warrand and com- 
missioun be thir presents to Patrik, Bishop of Aberdene, to appoint and 
place twa persouns in everie ane of the saids rebells thair houses fore- 
saids to be keepers thairof in his Majesteis name during the tyme of 
thair rebellioun, and for thair charges and expenses to modifie unto 
everie ane of the saids twa persouns ten shillings daylie to be payed out 
of the readiest of the saids rebellis thair rents and living ; for pay- 
ment whairof to cans poynd and distreinzie the readiest goods and geir 
being in the possessioun of the saids excommunicat rebellis, and where 
goods poyndable in that sort failyeis, with power to him to call and 
eonveene the saids excommunicat persouns and the tennents and posses- 
sours of thair lands and other persouns addebted in payment to ihame 
of anie mailles, rents and dewteis whatsomever before the Shireff of 
Aberdene and his deputs for payment of the said daylie allowance in 
forme as eflfeirs." 

"Forsameekill as in the taxatioun grantit to his Majestic in the Charge anent 
monetb of August 1621 yeeres, and in the taxatioun grantit in the the Ki^rk of 
moneth of October 1625 yeeres, his Majestic hes not, nather can gett ^jlrf^J^;, ^^^^ 
iKiyment of that pairt of the taxatioun which is imposed and dew to be been mid to 

^ * 1 1 • f • -r*'.'. . -I , 1 . 1 • his Majesty. 

payed for the kirk of Kilrynnie, both personage and vicarage, being ane 
of the kirks of the lordship of Dryburgh, in regaird there is not a per- 
soun who can be formallie burdenned and charged for the same ; and 
Fo\ 101, a. whereas it is no wayes reasounable that his Majestic sould be defraudit 
of his just taxatioun of the said benefice, speciallie seing there is a per- 



94 



REGISTER OP THE COUNCIL 



1629. 



fyte stent roll matle and sett doun of the same for releeffe of umquhile ^^ f"*^;™**? 
Williarae Barclay of lunergellie, principall tacksman of the said per- 1629. 
sonage teinds of the said kirk, Thairfoir and for the furtherance of his ^^^* ^^^* ** 
Majesteis payment of the saids taxatiouns the Lords of Secreit Coimsell 
ordains and commands Archibald Prymrois, clerk of his Majesteis taxa- 
tioun, to give warrand for directing of letters upoim the said stent roll, 
charging the vassalls, fewers and tacksmen of teynds of the said kirk of 
Kilrynnie, ilke ane of thame respective for thair awin pairts, to make 
payment to Johne, Erie of Mar, etc., Collcctour Generall of the said 
taxatioun, gran tit in the moneth of August 1621 yeeres, and to suche 
others as sail have warrand and power frome him of that pairt and 
portioun of the said taxatioun whiche is imposed upoun thame conforme 
to the said stent roll, and that for the thrid and fourt tennes payment 
of the foresaid taxatioun : as lykewayes to make payment to George, 
Vicount of Dupline, etc., collcctour generall of the said taxatioun, grantit 
in the moneth of October 1625 yeeres, and to suche others as sail have 
warrand and power frome him of that pairt and portioun of the said 
taxatioun whiche is imposed upoun thame conforme to the said stent 
roll, and that for the first, second, thrid and fourt tei-mes payment of the 
foresaid taxatioun grantit in the moneth of October 1625 yeeres, within 
dayes nixt after the charge under the pane of homing, and if they 
failyie, to denunce, etc. Lykeas the saids Lords heereby declares that 
the acquittances and discharges to be givin be the saids collectours and 
thair depute to the saids tacksmen of teynds of the said kirk of Kilrynnie 
upoun payment of thair taxatioun sail be valide and sufficient to the 
parteis resavvers, and sail liberat thame thairof at the hands of all 
parteis having interesse ; for doing whairof the extract of these presents 
sail be unto the said clerk of the taxatiouns and others whome it con- 
cemes ane sufficient warrand." 



Holyrood 
House, 17 th 
March 1629. 

Janet Gibson 
allowed to 
dispose of her 
affairs at her 
pleasure. 
Soeaii/«,p.91. 



[Sederunt as recorded above.] 



Complaint by 
the Commis- 
sioners of 



Decreta, 

November 

1627-Janaar; 

1630 

Janet Gibsoun, daughter of the deceased Thomas Gibsoun, burgess ofKoi.i85,h. 
Perth, being again brought before the Council, and being asked " with 
whome she desyred to be sequestrat till she be consulted and advised 
with her best freinds in what may conceme her good and estait, she 
declaired that she wes under promise of mariage to the yoimg Laird of 
Fingas, and thairfoir she humbelie and earnestlie intreated and desyred 
the saids Lords that she might have her libertie to the intent she might 
goe and accomplishe that mariage whairunto she wes so strictlie tyed and 
bound be her promise. In respect of the quhilk declaratioun, the Lords 
of Secreit Counsell declares her to be free to goe where she please, and 
to dispose of her effaires and estate at her pleasure." 

Complaint by the Commissionera of the Burghs, as follows : — ^The late 
King James, " having ever had a royall and speciall care and regaird that 



1629. CHARLES I. 95 

Decreto, the BuiTOweff, representing one of the Estaits of the kingdome, sould Burghs against 
i«5*27^aniiary floorish in Wealth, policie and government, ihat thereby they might be Soaforth.'for 
F^185, b. *^® ^^^ ^^^^ ^ contribute thair best assistance and helpe in every tiling *^*^^"roin 
importing his Majestie in honnour and state, and vvhairin they gave ^o'^f^nd into 
manie good proofies that they wer never deficient nor wanting when his adjoining 
Majestie had to doe," made many good Acts in their favour tending to S^jLnent of 
the furtherance of commerce and trade and preventing such ii^^irect J^® ^^^J*^® ^' 
courses as would hinder the same. In the Parliament held at Edinburgh 
in August 1621 it was ordained, conform to many Acts of preceding 
Parliaments, '* that no strangers nor others inhabitants within this king- 
dome sould packe or peill in anie place of the Yles outwith free burrowes 
nor transport anie forbiddin goods furth of the same," and they had 
hoped to have enjoyed the comfort and benefit of this Act. But, " to 
thair great greefe," Colin, Earl of Seafort, " who by his birth and place 
quhilk he halds in the State sould have contributed his best helpes to 
Fou 18«, a. the furtherance and reall executioun of the saids Acts of Parliament," 
being misled " with some suggesting insinuatiouns and projects of 
strangers, who ar ever bussie to pry in the secreits and mystereis of nigh- 
bouring estats where the hope of gayne is apparent, they have inculcat in 
his eares manie great hopes and projects of wealth and credite by erecting 
of a burgh in the Lewes and planting of a colonic of strangers thairin." 
He had proposed the scheme to his Majesty and obtained a signature 
thereupon, which the complainers have stopped, and the matter is thus 
in dependence before the Lords. But meanwhile the said Earl proceeds 
with the scheme, " and hes drawin hither ane nomber of strangers who 
daylie resorts to and fra Holland to the Lewes and continent nixt 
adjacent, and hes caused thame be answered of all suche commoditeis 
as these bounds afToords, as namelie with fishes and beeves, quhilks with 
the hyde and talloun with manie uthers commoditeis they transport to 
Holland." By this procedure " the Incountrie," which was formerly fur- 
nished with cattle from these parts, is now disappointed thereof, so that 
few or none were obtainable in markets this year. Then some of the 
complainers' neighbours having, as they were wont to do, gone this year 
to the Isles for their ordinaiy commodities, such as " plaiding," and other 
things in which Ihey traded, they all returned empty, nothing being left 
for them, but all taken up by the said strangers ; so that " the trade in 
these pairts, whilk wes ane verie important trade for the countrie, is lyke 
to be devolved in strangers hands, and the compleaners, who ar the 
natives and subject to all the impositiouns in the countrie, ar shaikin 
louse without handling or doing to the appearand wracke and overthrow 
of thair famileis and undoing of thair shipping, quhilk they will be con- 
strained to sell for laike of imployment." Charge having been given to 
Foi. 18«, b. ^Yie said Earl, and the pursuers compearing by David Aikinheid, provost, 
and the bailies and some of the Council of Edinburgh and Mr. John Hay, 
their clerk, as prolocutor, and the defender also compearing and pleading 



96 EEGISTER OF THE COUNCIL 1629. 

that the Burghs have no standing in this case to pursue him, and thatgecret^ 
he is accountable to his Majestic only for any breach of the said Act, to 1627-Jiuiuai7 
which the Burghs replied that the Act was directly conceived in their poi, *i86, b. 
favour and by its breach their liberties are wronged, the Lords find that 
the Burghs are " direct and competent parteis and hes good interesse to 
compleane upoun the breache and violatioun of the said Act, and that 
the pane arysing upoun the breache thairof must redound and accresce 
to his Majestic." The pursuers having stated that they insisted only 
upon the breach of the Act since January 1628, and several reasons 
against the said complaint having been given in in writing by the 
defender, and considered, the Lords ordain the Earl of Seafort himself to 
observe the said Act in all points and to see that it receive due execu- 
tion in his bounds, and that '' natlier he be liimselfTe nor his tennents 
packe nor peill in anie place of the lies outwith free burrowes nor f'oi 187, a. 
transport anie forbiddin goods furth of the same," as he will answer 
upon his highest charge and peril. And they remit the trial of the par- 
ticular violations of the said Act to the Lords of Council and Session. 
Complaint by Complaint by William Monro in AuchnocuUen and John Tennent in 
in Ai^no^'^Westersoulles, as follows: — William and Alexander Eoss, indwellers in 
johnVemient Kinnardie,out of a deadly hatred against the pursuers, cameon 24th Decem- 
in Wester- bcr last to , whcre they understood the said John Tennent was alone, 

wiuiamand and they, being armed with bows, targes, swords, durks, and other 
Rcwa^or^' wcapous, Set ou him at unawares, wounded him in the head, face, and 
MMuit and other parts of the body, to the great effusion of his blood and peril of 
his life. They also broke up the doors of his house and byre and took 
thence a cow of his. Further, on the 28 th of the same month, they 
came similarly armed to AuchnocuUen, where the said William Monro 
" wes bussied attending his plewes," and attacked him also at unawares, 
wounding him in the head, arms, and other parts of his body, and left 
him lying for dead. Then they went to his lands in AuchnocuUen, 
which he has peacefully possessed these several years past, removed his 
ploughs, chased away his servants, and then yoked their own ploughs 
upon the complainer's lands. Charge having been given to the said Foi. 187, b. 
WiUiam and Alexander Ross, and the pursuers compearing by George 
TaUyeour, servitor to Mr. Jcunes Lawtie, and the defenders not com- 
pearing, the Lords ordain the latter to be denounced and escheat. 
NH^h^afi^d' Complaint by the Moderator and brethren of the Presbytery of 
the Ladies Dumfrcis, as foUows : — In obedience to the Act of the Parliament held 
Kirkconneii at Edinburgh in June 1594 against Papists, they had taken proceedings 
EoniloMleir ag^-ij^st Dame Elizabeth Bewmonth, Countess of Nithisdaill, Dame Eliza- 
contemptof beth MaxwcU, Lady Hereis, and Elizabeth Maxwell, Lady KirkconneU 

thosentenceof , • , . . , , , i . . , . 

excommunica- and after long patience with them and enduring of their contemptuous 
which"they disobcdicnce, they pronounced sentence of excommunication against Foi. 188, a. 
now lie. them, which was done in the case of the said Countess of Nithisdaill and 

Lady Hereis in tlie Kirk of Terregles on 3rd August, being Sunday, 



1629. CHAHLES L 97 

v*^*biir ^^ ^' Thomas Melvill, minister at Terregles, and on the same day Lady 
i627-Janu*ry KJrkcomiell was excommunicated in the Bark of Troqueir by Mr 
FoL'i88,a. Harbert Glaidstains, minister there. But to this fearful sentence they 
pay no heed. Chaise having been given to the said ladies to compear 
and bring certificates from the presbytery of their satisfaction and 
relaxation, and the pursuers compearing by Mr. Adam Simsoun, minister 
at New Abbey, but none of the defenders, and no certificates being 
offered by any in their names, the Lords ordain the said Coimtess of 
Nithisdaill and Ladies Hereis and Kirkconnell to be denounced and 
escheat. 

Petition by Margaret Hunter, spouse to Peter Donnald, burgess ofPo^^i^onby 
FoL 188, bh Dumbartane, and Janet Donnald, spouse to Umphra Oahowne there, as Hunter^pouse 
follows : — Upon some sinister information by their enemies the Lords DonaW,'^ 
granted a commission to the Lairds of Foulwod and Ardincaple and to jJ^S^^ 
James Hall, called of Foulebar, to try them upon the charge of witchcraft, and Janet ' 
These commissioners have appointed Thursday next, 19 th instant, forto°Hump£rey* 
their trial, and intend to proceed therewith though " they ar free and ^^^^d 
innocent of that cryme and there is no cleere depositioun quhilk may of witchcraft, 
argue or inferre anie guiltinesse aganis thame, and all that can be ponement ot 
objected ar bair and naiked presumptiouns whilks in maters of lyffe and the*ground'of 
death aucht not to be respected nor allowed." As to their judges, though the incom- 
the complainers will impugn neither their credit nor honesty, yet " they persons 
may trewlie afl&rme that they ar not acquaint with maters of this kynde, bJ^^^ud^es. 
and hes not the knowledge nor experience to discusse the relevancie of 
a dittay, and the exceptiouns and objectiouns that in law may be trewlie 
propouned aganis the same, and the persoims who ordinarilie ar putt 
upoun the assyse in thir maters ar base ignorant people without letters 
or knowledge and knowes no forder bpt the allowing of the relevancie of 
the dittay makes the pannell to be cleerelie guiltie without anie kynde 
of respect to the verificatioun of the dittay and others circumstances 
concurring, thairin." Moreover, there are no procurators to be had in 
the burgh of Dumbartane with whom the petitioners may advise for 
their defence, which in a case of life and estate the laws of God and 
nature allow. They therefore crave that their trial be postponed, and 
that John Cahowne of Luss, and Boyle of Kelbume, Commissary 

of Gla^ow, be added to the commissioners foresaid. The Lords con- 
tinue the trial till 10th April next and ^ree to the addition of the two 
gentlemen named to the commission if they will accept the same, other- 
wise the Ix)rd8 appoint the trial to take place by the former commis- 
sioners. 

Complaint by John Sempill of Aikinbar, as foUows: — The invasion of Comp^ntby 
the li^^ within the burgh of Edinburgh, or within a mile of the of Aikinbar 
Council's residence, is very strictly forbidden, yet Bryce Sempill of Hunter- ^^Se ^F^ 
hill, having conceived a grudge against the complainer and given him ^^^""^^ **^' 
no notice thereof, invited him in a friendly ^ay to the chamber of Harie 
VOL. m. G 



98 REGISTER OF THE COUNCIL. 1629. 

Osburne, writer in Edinburgh, for conference "about some purposes," Decret^ 
and he, unaware of any " hid plott," went thither alone, " not having so i627^anuary 
muche as ane knyffe upoun him," and waited the coming of the said ig-oj 'igg ^^ 
Bryce. When he came they had "ane commoun and freindlie dis- 
course" for a certain space, and then "the said Bryce, er ever the 
compleaner wes awar of him, with his falded neiff feld and wounded him 
on the face, so that he nather saw nor heard for ane great spaice there- 
after ; and than drew his whingear," with which he would have killed 
the complhiner if those present had not hindered him. Charge having Foi. 189, b. 
been given to the said Bryce Sempill, and both pursuer and defender 
compearing and witnesses being heard, the Lords find the defender 
guilty as libelled, and ordain him to ward in the tolbooth of Edinburgh 
till they release him. 
HolSTnth Commission under the Signet to the SheriflF of Bervick, Robert J^™»«>°^' 
March 1629. Cockebume of Blacksmylne, his depute. Sir Alexander Nisbitt of West Foi. I9i b. 
thTsh^'i)f^Nisbitt, and John Cranstoun of Thomedykes, or any two of them, the 
Berwick and gai(j sheriff or his depute being one, to hold courts and try Margaret 
Margaret Wallace in Langtoun, who has been long suspected of witchcraft. 
LauLtonfor Signed by Mar, Hadintoun, Wintoun, Seafort, Air, Lome, and Scottis- 

wUchcraft. tarVCtt. 

ChM-ie^udOT Commission under the Signet to Charles Lawder, bailie depute of 
H^mt^tor^*^ Lauderdaill, and Mr. Alexander Home of St. Leonards, as justices, to 
isobei hold courts and try Isobel Thomsoun in CraiUfurde, who has been 

CrsuSord for long suspocted of witchcraf t. Signed as above, 
witchcraft. Commission under the Signet to David Brodie of that Ilk, Alexander Foi 193, a. 

ComixiisBioii to ^ 

David Brodie Brodic, portioncr of Kinlosse, James Rutherfurd, sheriflF depute of Elgine 
t^^^j^e" *° and Forresse, Alexander Innes of Coitts, James Dumbar of Bogs, and 
mkJwS^'in ^^' John Hay, commissiary of Murrey, or any three of them, as justices, 
chattiii, for to hold courts and try Janet Melros, midwife in Chattill, who has long 

been suspected of witchcraft. Signed as above. 
The Earl of " The Lordis continewis the Earle of Angus toucheing the nominatioun Sedenmtg, 

religion of his of a pedagogue to his sone till Thurisday nixt quhairof intimatioun wes FoI. 116, b. 
**°'^' maid to M' Williame Douglas, maiser, in name of the said Earle." 

johMton " "^^^^ chargeis be direct aganis Jonnett Johnnestoun, spous to ^<>^- 1^^, a. 

Broun of Lochhill, and hir cautionaris for contravening of hir cau- 

tionarie." 
Mr. Harbert « The lyke chargeis to be direct aganis M' Harbert Broun." 
The Lady " ^he Lordis contiucwis the modificatioun of the Lady Corsbie hir 

Corsbie. allowance till Thurisday nixt, to the intent that in the meantyine she 

^ * ' * may performe the conditionis of hir undertaking towcheing the setting 

of the Laird his landis to tennentis and finding cautioun for payment 

making unto him of the yeirlie duetie aggreit upoim the same." 

HoISn^^th Sederunt — S'Andrewes; Treasurer; Privy Seal; Wyntoun; Sea-^^^*}p^ 

March 1629. f ort ; Viscount of Air; Lord Lome; Lord Areskine; Lord 1629. 

' ' ' Foi. 101,8 



1629. CHAELES I. 99 

fo^fctJul"^'*^ Melvill; Lord Tracquair; Bishop of Dumblane; Clerk of 

i<329. Be&dster ; Advocate ; Sir John Scot : Sir James Baillie. 

FoL101,a. ° 

" Forsameekle as advertisement is laitlie come frome Court that the regi- Warrant to Sir 
ment whairof Sir George Hay is colonell and hes the charge and Kinfamw to ° 
conduct sail be in readinesse betuix and the last day of Marche instant l®!^*!^™;!''** 

J tor servico m 

to be transported and imployed as his Majestie sail dij-ect, whilk in the L6w 
regaird of the shortnesse of the tyme and that the compdneis who 
served under the captans and commanders of the said regiment ar 
disperst and lying in diverse parts of the countrie caimot be con- 
venientUe performed without warrands frome his Majesteis Counsell to 
Foi. 101, b. that eflFect, Thairfoir the Lords of Secreit Consell hes givin and grantit, 
and be the tennour heerof gives and grants warr&nd and commissioun be 
thir presents to the said Sir George Hay, colonell, and to the captans 
and commanders of the said regiment to cans towke drwmmes for 
conveening of thair companeis at suche tymes and places as they* 
sail appoint ; with power lykewayes to thame, thair commanders and 
offidars, with the concurrence of some ordinarie magistrat to burgh and 
land, to pas, searche, seeke and apprehend all suche fugitive souldiours as 
hes runne away or sail happin to runne away fra thame and who sail 
not give thair appearance and mustours at the tymes appointed for that 
effect ; with power lykewayes to thame for the better filling up of thair 
companeis to take on suche persouns as voluntarilie will agree and inroU 
thameselffes for that service whairby the nomber and plfices of these 
who sail undewtifullie abandoun thair charge may be suppleed and 
made up for the good of his Majesteis service and credite of the 
countrey. FoUowes his Majesteis missive for warrand of the act abone- 
writtin. Charles R, Right trustie and right weilbelovit cousine and 
counsellour, right trustie and weilbelovit cousines and counsellers, 
and right trustie and weilbelovit counsellers, we greete yow weill. 
Whereas our trustie and weilbelovit Sir George Hay of Kinfawnes, 
knight, is to levey a regiment of men within that our kingdome to serve 
the Estaits of the Low Countreis,^ and to that effect we being willing 
that he have all suche readie and favourable assistance and encourage- 
ment that lawfullie can be granted, our pleasure is that yow grant 
unto him a warrand to towcke drwmmes for this purpose and to levey 
and transport the said regiment with als large priviledges as anie colonell 
or commander whatsoever hes had heeretofore in the lyke kynde ; and 
that otherwayes yow give unto him all suche readie furtherance as he 
can lawfullie require or yow can convenientlie graunt, whiche we will 
take as verie good service done unto us. And so we bid yow fareweill. 
Frome our Court at Whitehall the 9*»* of Marche 1629." 

"The Lords of Secreit Counsell ordains the Erie of Wyntoun, who wes charge to the 

* With the old object of recovering the Palatinato for his brother-in-law, the Elector 
Frederick, Charles was again taking an active part m the Thirty Years' War. 



;^2852t 



100 REGISTER OF THE COUNCIL. 1629. 

Eafi of personallie present, to send his eldest sone to S' Andrewes or to Edin- J^f^f™*^' 

send his son to burgh as he Sail tbinke fitt, attendit with a pedagogue sound in religioun, 1629. 

of SL Andrei ^liere to remayne till Junij nixt that in the meane tyme the young ^**^ ^®^' ^ 

*o be educated nobleman may be instructed in the grounds of trew religioun by suche 

religion, with as Sail be appointed to conferre with him for that eflFect, and upoun 

directions t^air report to be made the first Counsell day of Junij of the young 

and'^^^'hl^ uoblcman hia knowledge and professioun, ordour may be tane thairanent 

in tyme comming accordinglie. And the Lords ordains the said Erie to Foi. 102, a. 

have a cair that his ladie, daughter, and secund sone repaire to Church 

and give all outward obedience without scandall ; whilk the said Erie 

being personallie present, as said is, promised to doe.'* 
The Earl of "The Lords of Secreit Counsell ordains Williame, Erie of Angus, who 

ed^Bition of * wes personallic present, that betuix and the first Counsell day of Apryle 
hw son. }jg appoint some learned man who is approvin and knowin to be sound 

in religioun to have the charge and care of educatioun of his sone." 
Letter from • « The wliilk day the missive letter underwrittin signed be the Kings 
anent a Majcstic and direct to the Lords of Secreit Counsell wes presented to the 

^m^^w saids Lords, of the whilk the tennour followes: — Charles R., Right 
toith of Kenie trustie and weilbelovit cousine and counsellour, right trustie and weil- 

for continu- ' .,, , 

ance of pro- belovit cousiucs and counsellers, and trustie and weilbelovit counsellers, 
may dischaige* wc grccte yow Weill. Whereas we have beene petitiouned be Sir William 
his debts. Moutcith of Kcrsc, knight, and his ladie, humblie showing that being 
engadged to diverse thair creditours in sindrie sowmes of money they 
cannot convenientlie give that satisfactioun quhilk they ar willing unlesse 
we be pleased to grant unto them a competent tyme free frome the rigour 
of the executioun of our lawes for performance thairof , intending within the 
said space to take a course for giving of satisfactioun to thair creditours ; 
whiche goodlie we could not have refuised unto thame if the Bishop of 
Ros, commissioner frome the Church, had not enformed us of thair 
disconformitie frome the trew religioun presentlie profest within that 
our kingdome, for whilk the Churche hes thame presentlie under pro- 
cesse ; quhairfoir least uthers of that professioun under the lyke pretexts 
Bould importune us, we have refused to grant thair said petitioun unlesse 
they sail compeir before yow and give sufficient iissurance that within 
the space of sax moneths they sail conforme thameselffes to the trew 
religioun, otherwise that they sail remove thameselfifes out of that our 
kingdome, and that during that space they sail behave thameselffes in 
suche sort as they sail doe no thing contrarie unto our lawes nor give no 
cans of open scandall nor no other offence to our Church and countrie, 
and in the meane tyme that they use suche lawf ull ordinarie meanes for 
thair instructioun and reclayming as the Churche sail thinke fitting to 
prescry ve ; but if they sail compeir before yow and find sufficient suretie 
to the effect foresaid and that they take a reasounable course for payment 
of the debts awand be thame to thair creditours within the said space, 
than our pleasure is that during the said tyme of sax moneths and of 



1629. CHARLES I. 101 

i^JS"^**^ thair good cariage thairin in maner foresaid the rigour of our lawes in 
I6i9. anie manor be not execute agains thame ; and so we bid yow fareweill. 

Foi. I02,b. From^ ^^ Court at Whitehall the fyftene day of Januarie, 1629.^ 

Whilk letter being read, heard and considderit be the saids Lords, i>«cWon of the 
and they having heard the Bishop of Dumblane, and M' Thomas Spittell, the grani& 
minister at Falkirk, thair report anent the said Laird of Kerse his ^oSe's^^'*'^ ^' 
behaviour in his religioun, they thinke it not expedient that the desire of P^^^^^n. 
the letter sail be granted : and thairfoir ordanis ane letter to be writtin 
to acquaint his Majestic with the causes of thair refuisall." 

"The Lords of Secreit Counsell nominats and appoints the Clerk of Warrant to the 
Register, Sir Johne Scot, Sir James Baillie and Sir Henrie Wardlaw, to Register and 
pas and make a survey of his Majesteis houses and castellis of Edinburgh, ^^^n^™*^^ 
Halyrudhous, Linlithgow, Sterline, Dumfermline, and Falkland, how they i»" Majeabr's 
ar repaired and ordoured, and that they report what they find thairin palaces. 
upoun Tuisday come aught dayes. " 

J>«»**t [Sederunt as recorded above.] i°^y^,.x,. 

XoTember •• -* House, 19th 

ld'27Waniiar7) March 1629. 

]m!\89, b. Petition by John, Earl of Mar, Lord High Treasurer, Archibald, Lord Petition of 
Naper of Merchinstoun, Deputy Treasurer, Sir Thomas Hoip of Cndghall, Map%nd 
King's Advocate, and George FouUes, Master of his Majesty's Cunzie- ^^^^^^ ^^ 
hous, as follows : — ^The warrant granted to Mr. John Achesoun, sometime protection to 
of Newtounleyes, for coming from Ireland to produce some writs afifecting Acheson. 
the Cunziehous (certain annualrents from which are claimed by Mr. John 

FuL 190, a. Schairp, advocate), and for pursuing some actions before the Lords of 
Council and Session against James Hoppar of Bourehous, his brother-in- 
law, will expire on the last of this month, and that matter was yet 
undiscussed. They therefore crave an extension of the said protection ; 
and this the Lords grant till l&th July next. 

The Lords, havinej of new and at great length heard Patrick Cranstoun Patrick 
of Corsebie and Marion Home, his spouse, upon their diflFerences, " andcSrabieand 
finding that as yitt there is not anie suche harmonic and ^i^tuall J?^^^^^™"» 
dewteis of love and kyndenesse betuix thame as aught to be betuix aiivoapwtfor 
man and a wyfTe, bot that there is miscontentments on either side con- vear^^^^d 
tinewes als violent and greene as they wer at anie tyme frome the^'J^^^JS^ 
beginning, sua that it is expedient for both thair weales that they sail ^ ^^^^^ " 
live apairt for a yeere till it saU please God to unite thair hearts in a 
more Chnstiane harmonic," and as it is just that the said Marion Home 
should have some aliment out of her husband's estate meanwhile, they 

FoL 190, K modify to her the sum of 600 merks for the year's maintenance, viz. to 
1st April 1630, the first half at Whitsunday next and the other half 
at Martinmas following. John Cranstoim of Thornedykes, personally 

^ A cop7 of this letter is also engrossed in the Conncil's Better of Royal and other letters, 
foL 100, a. 



102 REGISTER OF THE COUNCIL. 1629. 

present, became cautioner for the performance of this by the said ^®cret»j^ 

Patrick, who obliged himself to relieve his said cautioner. Ksr-Jannary 

Anent the " The Lordis ordanis the Commissionaris of the Midleshyris to meete yo\. m, b. 

for™ho^iddie the mornc and to considder these articlis quhilkis the Counsell hes SederontB, 
Shires. thoght fitt to be reformed in the Commissioun for the Middleshyris, and foL ii7, a. 

to ad quhat forder they think expedient to be reformed thairanent, and 

to reporte thair opinioun to the Counsell upoun Twisday nixt." 
^iSKornT " "^^^^ ^h^ Countesse of Abircome be chargeit to compeir befoir the 

Counsell upoun Twisday nixt to heir and see letters of hoiming decernit 

to be direct aganis her." 
and^Adam^*^* "That Jonuctt MaxwcU and Adam Cuninghame, hir cautioner, be 
Cunningham, chargeit to compcir upoun Twisday nixt to heir thair act of cautionarie 

decernit to be contravenit.'* 
Penalty "The Lordis sevis power to the subcommissionaris anent the valuatiouns FoL 117, b. 

against absent ^ 

sub-oommis- to sct doun a pcualtic of foure pundis to be payed by every one who salbe 
vSuaSons. * absent frome the ordinair meetingis without a lawfuU cans." 
The meeting of " The Lordis findis that the dyet appointed be the grite commissioun 
mia^nT ^™ to the procuratour fishaell to persew cannot be alterit bot be the Com- 
missioun." 
Udy^CoreWe!' " ^hc Lordis modifyis to the Lady Corsbie the soume of sax hundreth Foi lis, a. 
merkis to be payit to hir be the Laird of Corsbie, hir husband, for hir 
interteynment frome the dait of thir presentis to the first day of Aprile 
1630; and Johnne Cranstoun of Thomidykis, being personally present, 
became actit as cautioner for payment of the said soume, the on half at 
Witsonday, the other half at Martymes nixt. Corsbie actit to releeve his 
cautioner." 

Houa^th Sederunt — Treasurer ; Privy Seal ; Wyntoun ; Seaf ort ; Lauderdaill ; f^^^^™^ 

March 1629. Viscount of Air ; Lord Lome ; Lord Areskine ; Jedburgh ; 1029. 

Melvill ; Bishop of Dumblane ; Clerk of Register ; Advocat -^ ^' ^ 

Sir John Scot ; Sir James Baillie. 

Sudck Visho " Forsamccklc as upoun the twentie day of December last Robert Cowtes 
of Aberdeen, within the parish of Aboyne, Johne Gordoun of Kethnie, (Jeorge 
apprehend Mr. Gordoun of Drumgesk, Alexander Gordoun, his brother, James Gordoun 
£^IiSd*othew^^ the Hilheid of Kincaime, Williame Fraser of Craigtoun, Patrik 
now at the Camegic in the Kirktoun of Aboyne, Elizabeth Gordoun, his spous, and 
resetting Jeane Stevin, spous to the said Robert Cowtes, wer ordourlie denunced 
Edlin^to"^ his Majesteis rebellis and putt to the home be vertew of letters direct 
appear i>efore to the Lords of Secrcit Counsell at the instance of the Moderator and 

the Council to . . - tt- • • <. i • i ^ . 

answer the brethrcin of the presbytene of Kmcairne for the saids persouns thair not 

charge. compeirance before the High Commissioun of the Kirk at a certane day 

bygane to have answered to the complaint givin in aganis thame 

tuicheing thair ressetting of Jesuits, seminarie and messe preists, and 

hearing of messe said be George Leslie the Caputiane ; lykeas upoun 



F<a. 102, b. 



1629. CHAELES I. 103 

iV^LjS*'**^^® nyntene day of Februarie last M' George Andersoun, wrytter, M" 
i^*i/» u George and Gilbert Paips, M' Alexander Irwing, Robert Irwing and 
Hercules Guthrie, burgesses of Aberdene, Thomas Meinzeis of Balgownie, 
Alexander Leslie, brother to the Laird of Pitcaple, and Francis Leslie, 
brotiier to George Leslie, callit the Caputiane, wer lykewayes ordourlie 
denunced his Majesteis rebellis and putt to the home be vertew of 
letters direct be the saids Lords, that is to say, the said M' George 
Andersoun, M" George and Gilbert Paips for not compeering personallie 
FoL 103, m, before the saids Lords at a certane day bygane to have answered upoun 
thair ressetting of Jesuits, seminarie and messe preists and hearing of 
messes in the hous of M' Alexander Irwing, burges of Aberdene, and the 
remanent persouns foresaids, for not compeirance personaUie before the 
saids Lords to have answered upoun thair wrytting, devysing and 
affixing of twa pasquills and infamous libellis conteaning treasounable 
waimings and predictiouns of the change of the estait and religioun and 
a nomber of invective and rayling speeches aganis the professours of the 
trew religioun and ministers of Aberdene as the letters of homing dewlie 
execute, indorsat and registrat showin to the saids I^ords of Privie 
Counsell at lenth, beiris, at the processe whairof the persouns particularlie 
abonewrittin hes most proudlie and contempnandlie remained his 
Majesteis rebellis since the day of thair denunciatiouns respective, as 
they doe yitt unrelaxt, takand no regaird to the said homings, hot 
haunts, frequents and repaires publictlie and avowedlie in all pairts of 
the countrie as if they wer his Majesteis answerable and obedient sub- 
jects, in high and proud contempt of his Majesteis auctoritie and lawes 
and encouragement of others to continew in the lyke rebellioun ; Thair- 
foir the Lords of Secreit Counsell hes givin and grantit, and be the 
tennour heerof gives and graunts full power, warrand and commissioun, 
expresse bidding and charge, to Patrik, Bishop of Aberdene, Sir Thomas 
Burnet of Leyes, the provest and bailleis of Aberdene for the tyme, M' 
Alexander Jaffrey, lait baillie, and M' Robert Ferquhair, lait deane of 
guild of the said burgh of Aberdene, conjunctlie and severallie, to con- 
vocat his Majesteis lieges in armes, and to pas, searche, seeke and take 
the persouns foresaids wherever they may be apprehendit and to committ 
thame to waird within the' tolbuith of Aberdene and to deteane thame 
thairin upoun thair awin expenses ay and whill directioun and ordour be 
givin concerning thame as apperteannes ; with power to the saids com- 
missioners for this efiPect to make opin doores and to use his Majesteis 
keyes and generallie to doe, use and performe everie uther thing whilk 
for executioun of thir presents ar requisite and necessar. Firme and 
stable balding and for to hald all and whatsomever thing sail be 
lawfuUie done heerin, and that letters be direct charging all and sindrie 
his Majesteis lieges and subjects to reverence, acknowledge and obey, 
ryse, concurre, fortifie and assist the saids commissioners in all and 
everie thin^ tending to the executioun of this commissioun, and to doe 



104 REGISTER OF THE COUNCIL. 1629. 

nor attempt nothing to the hinder nor prejudice thairof as they and^^^®|>ra«7 
everie ane of thame will answere upoun the contrarie at thair perrell." i629. 
Warrant to " Forsamcekle as Alexander Drummond, prisouner in the tolbnith of Foi. 103, b. 

Coiviiieof Edinburgh for witchecraft and for manie/cleere points of charming com- 
pI^^byteriM%°^i*tit be him to the great ofiFence of God and scandall of the Kirk, is 
Danfermiine shortlie to be Dutt to his trvell for that cans, and whereas it is verie 

and Muthill , ,. ,.«.,. t^ %, i , ^ * 

to coUect necessar and expedient that afoir his tryell all good meanes be used for 
anenTthe discoverie of the truthe of his unlawful! and devilish practises ; and the 
^tehcraft Lords of Sccrcit Counsell understanding that there is diverse persouns 
brought within the presbytereis of Dumfermeline and Muthill who can give some 
Aiewnder light and inf ormatioun anent the said Alexander his practises ; Thairfoir 
Drummond. ^j^^ ^ds Lords givcs and grants commissioun be thir presents to M' 
Alexander Colvill of Blair, Justice Depute, and to the brethrein of the 
saids presbytereis, or anie three of thame within eache presbyterie, to 
conveene before thame all suche persouns within thair saids presbytereis 
as can give anie light or informatioun concerning the said Alexander his 
practises of ¥ritchecraft and charming and to examine thame thairupoun, 
and to sett douh thair depositiouns formallie in writt, and to report and 
send the saids depositiouns closed to the saids Lords betuix and the 
day of to the intent the saids Lords after consideratioun thairof 

may give forder directioun anent the said Alexander his tryell as apper- 
teannes : commanding heereby the persouns who sail be warned to 
compeir before the saids presbytereis to the efifect foresaid that they give 
thair compeirance before thame and depone the truthe in the mater 
foresaid, as they will answere to the saids Lords upoim thair obedience." 
^^ba^na of " Forsamcckle as the Kings Majestic having recommendit to the 
the Sheriffdom gmall barouns and freehalders within the sherifdome of Air to confirme 
to confirm the former electioun made be thame the yeere preceeding of commissioners 
of OommS^" for the Parliament to stand for this present yeere, and the Lords of his 
ParUMnent, Majcstcis Privic CounscU having lykewayes writtin unto thame for that 
made the pre- efffect, and it being expected that they out of a respective dewtie to his 
cc mgyear. jjgjggi^jg obedience sould have acquiesced to his Majesteis will and 
pleasure in this point, yitt it is of truthe that the few nomber that con- 
veenned tooke a direct contrarie course and made choise of commissioners 
at thair awin pleasure, thairby disappointing his Majesteis royall purpose 
and intent, to the high contempt and misregaird of his Majesteis royall 
directioun ; Thairfoir the Lords of Secreit Counsell ordains letters to be 
direct to command and charge the small barouns and freehalders within 
the shirefdome of Air and baillereis of Kyle, Carrick and Cimynghame Foi. 104. a. 
to conveene and meete with Johne, Lord of Lowdoim, shireflF 
principall of the shirefdome of Air, or his deputs within the tolbuith of 
the burgh of Air upoun the twentie nyne day of Apryle nixt, and at thair 
meeting that the said Lord of Lowdoun cans read unto thame his 
Majesteis missive letter with the Counsellis letter writtin unto thame 
anent the confirming of thair former electioun and accordinglie to deole 



1629. CHARLES I. 105 

Acta Febroary and travell with thame to confirme the said former electioun, or than 
ifi». ^ to make choise of twa fitt persouns to be commissioners for the said 
Foi. IM, a. ghirefdomo at this approacheing Parb'ament as the saids small barouns 
and freehalders will answere unto his Majestie upoun thair dewtie and 
obedience ; and that the said Lord of Lowdoun report his diligence in 
the premisses to the Lords of his Majesteis Counsell upoun the xiij day 
of May nixt as he will answere to his Majestie upoun the dewtie of his 
office." 

" Forsamekill as at a lait meeting of the small barouns and freehalders Charge to the 
within the shirefdome of Roxburgh for making choice of commissioners Roxburgh to 
to attend the Parliament they nominat and elected Andrew Riddellj^^fJ^^^g^j 
elder, of that Ilk, in place of Andrew Riddell, appearand of that Ilk, his *^« ?5®"^™ 
sone, to be one of the commissioners for the said shirefdome, who being they ma^ con- 
a man of great age, being now neero fourescore yeeres and very infirme elation of a 
in his persoun and his judgement not so rype and quicke as formerlie it Commissioner 
hes beene, it is wiselie foreseene be his Majesteis CounseU that the said made the pre- 
Androw cannot attend the said Parliament, whairthrow there will be a*' mgyear. 
want of commissioners for that shirefdome to attend the said Parliament 
without remeid be provydit.: Thairfoir the Lords of Secreit Counsell 
ordains and commands the Shireff of Roxburgh to conveene of new the 
small barouns and freehalders of the said shirefdome with convenient 
diligence, and at thair meeting that he caus read unto thame his 
Majesteis and the Counsellis letters direct unto thame for confirming of 
the electioun made of commissioners the yeere bygane to stand for this 
present yeere, and accordinglie to deale and travell with thame to 
acquiesce to his Majesteis royall directioun in that point, or otherwayes 
that they make a new choise and electioun of twa fitt persouns to be 
commissioners for the said Parliament ; and that the said shireff report 
his diligence and the obedience of the saids small barouns and free- 
halders to his Majesteis Goimsell upoun the day of nixto- 
come, as he will answere upoun the dewtie of his office." 

" Forsameekill as by expresse warrand and directioun f rome the Kings Charge to the 
Majestie subcommissiouns hes beene granted to some certane persouns Se «i^com- 
within cache presbyterie of this kingdome for trying of the just and ™^{*^J" 
trew availl and worth of the whole lands, stocke and teind within the neglect of - 
saids presbytereis ; and it being expected that the persouns who werthe^Lidrabi ^ 
entrusted with this imployment sould have attended the executioun ^°^^^^°'^*'^' 
Fd. 104, K thairof and keeped the precise termes and dyets of meeting appointed 
for that effecD, neverthelesse the Lords of Secreit Counsell ar informed 
that manie of the saids subcommissioners throughout the severall 
presbytereis of this kingdome n^lects thair ordinarie termes and dyets 
of meeting, so that when maters occurres to be handled in these 
meetings it faUes oftymee out that throw laike of a nomber of the sub- 
commissioners the dyets are disappointed, and his Majesteis service, 
whilk is trewlie intendit for the ease of his subjects in releeving thame 



106 REGISTER OF THE COUNCIL. 1629. 

of the unnecessar trouble and charges they would have beene drivin a^ Fobnuu-y 
unto if they had beene constrayned to attend the generall commissioun id29. 
for tryell of thair saids valuatiounp, is frustrat, highlie to his Majesteis ^®^' ^^' **" 
oflfence and lingering and delaying of his Majesteis service ; Thairfoir 
the Lords of Secreit Counsell hes givin and grantit, and be the tennour 
heirof gives and grants full power, warrand and commissioun and with 
that commands and ordains the conveenners of the subcommissioners 
within cache presbyterie of this kingdome that they with all convenient; 
diligence conveene the subcommissioners in the ordinarie place of thair 
meetings, and at thair meetings that they or so manie of thame as sail 
happin to be present for the tyme, being alwayes a full nomber, make 
and sett doun acts for keeping of ordour among thame and imposing of 
penalteis upoun the absents who keepes not thair ordinarie meetings, 
provyding that the greatest penaltie exceid not foure punds; whilk 
penaltie sail be uplifted of everie persoim that sail be absent upoun the 
ordinarie dayes of meeting without a lawfuU caus to be approvin and 
allowed be the benche for everie dayes absence, and sail be applyed the 
ane halffe thairof to the use of the poore within the presbyterie, and 
the other halffe thairof to the procuratout fiscall, clerk, and remanent 
members of court." 
Report by "The whilk day Adame, Bishop of Dumblane, and M' James 

of ^mn\Mntf Ahauuay, minister at Halyrudhous, gave in to the liOrds of Privie 
anent^th" Counscll the report underwrittin anent the repairing of the Kirk of 
necessary Halyrudhous, whairof the tennour foUowes. 

improvements 

inHoiyrood "At the Kirk of Halyrudhous the saxtene day of Marche, 1629. 

^aw/< p 74 " '^^ whilk day Adame, Bishop of Dumblane, Sir Johne Scot of 
Scottistarvett, knight, Sir James Baillie of Lochend, knight, and James 
Murrey, maister of his Majesteis workes, appointed commissioners be the 
Lords of Secreit Counsell upoun the twentie sax day of Februarie last 
bypast for visiting and surveying of the defects and mines of the said 
kirk and for considdering what might serve for decoreing and beautifeing 
of the samine with better and larger lights ather by removing of anie 
lofts impeding the same or stryking out of new lights where they sail 
be found necessar, having mett and surveyed the same, have resolved in 
maner following : — 

" Imprimis. They finde it necessar that the three lofts over against his 
Majesteis seate on the north side of the said kirk be removed whairby FoL io6, a. 
the kirk sail be better lighted and aired, and the people sail heare Gods 
word more commodiouslie, nombers of seates being made laich for noble- 
men and thair ladeis and uthers persons of good qualitie who now for 
want of seates ar forced to goe ellis where, altho they dwell within the 
parish ; and with all findes that these to whome the lofts belonges may 
be more commodiouslie furnished ellis where, to witt, be ane great loft 
to be built on the east gavill whilk being divydit in twa will hald ane 
great nomber mae nor anie two lofts now possest be thame, and the thrid 



1629. CHARLKS I. 107 

Acta FebruRiymay have ane laiche seate under his Majesteis galrie whilk will be just 
1629. '^ ^ over aganis the pulpit. 

FoL 105, a. « /ij^^ They find it necessarie that upoun the laich north east gavill 

there be ane window striekin out, whilk will wonderfullie decore and 
beautifie the kirk. 

" Item. They find it necessarie that the pulpit be removed ane pillar 
towards the west for the more commodious hearing of all the people. 

" Item. That the commoun loft be left ane pillar westward. 

" Item, That the twa firre seates whilks ar in the bodie of the kirk on 
the south side be removed and made equall with the foreface of his 
Majesteis lofts and the rest of the laiche seates. 

" Item. They finde it necessarie that there be foure windowes striekin 
out on the south side of the kirk under his Majesteis lofts for the 
lighting and airing of that side of the kirk, and finds it may be easilie 
done. 

•* Item,. After the sighting and surveying of the high kirks pend they 
find it necessarie that it be poynted and plaistered and the pillars and 
subpillers of the transes on everie side be made sure, and being 
perfytelie repaired that the loft layed over the kirk be removed. Sub- 
scribitur. Ad. B. of Dunblane, S' J. Scottistarvett, James Baillie, James 
Murray. 

"Whilk report being read, heard, and considderit be the Lords and 
they rypelie advised thairwith, the Lords of Secreit Counsell allowes of 
the first article of the said report tuicheing the removing of the three 
lafts foregainst his Majesteis seate and building of a great laft on the 
east gavill for the ease of the people to whome the three lafts belongs, 
and for bigging of laiche seates according as is sett doun in the said 
article, whilk is to be performed by the bailleis and sessioun of the kirk 
of the Cannogait and upoun thair charges. And tuicheing the remanent 
points conteaned in the said report, the Lords reserves the consideratioun 
thairof to a more fitt tyme and occasioun." 
FoL 105, u « Anent the supplicatioun presented to the Lords of Secreit Counsell Act approving 

by Johne, Lord Areskine, makand mentioun, that where it is not method of 
unknowin to the said Lords with what great pane, trouble, and expenses, ^° ed ^y*^^' 
he hes followed out the mater of the tannage thir manie yeeres bygane, ^^, Erakine 
and what great oppositioun hes beene made unto him be the barkers ofsentationofits 
hydes within this kingdome assisted with some of the burrowes, who hes ^cce^. ^ ^ 
objected unto the said supplicant the difficulteis anent the prosecutioun 
of the new forme of tannage, the insufficiencie of the worke it selflfe, 
and the hurt and prejudice alledgit susteaned be the countrie in that 
mater, whairin the saids Lords knowes that the said supplicant wes not 
the first projectour or promover of that bussines, hot it proceedit frome 
the barkers and cordonners thameselflfes upoun a petitioun exhibite be 
thame to Parliament, who out of thair respect and regaird to the 
commoun weale of the countrie, reccommendit unto the saids Lords the 



108 REGISTER OF THE COUNCIL. 1629. 

ordouring, ref onning and Battling of that bussinee whairin thair hes Acta February 
beene greater paines and travellis tane nor ever wes in a mater of thatie29. ^ 
kynde occurrring within the kingdome ; and after a great nomber of ^^^' ^^' ^" 
dyets keeped in that bussines and hearing of all parteis having interesse, 
the procesae wes in end concludit, the supplicants patent exped, a 
nomber of acts passed in his favour anent the prosecutioun thairof, and 
in end with mutuall consent a forme of tryell wes prescryved anent 
the old forme of barking and new forme of tanning, and both thir 
assayes wer exhibite before the saids Lords. And yitt notwithstanding 
thairof the aversenesse of the people frome embraceing anie good refor- 
matioim continued so violent as the supplicant found ever ane indirect 
oppositioun aganis the progresae of his proceedings, whilk moved him in 
end, for cleering of that doubt whilk wes ever objected aganis the 
sufRciencie of the new forme of tannage, to undertake the setting up of 
ane tanning hous and to give prooffe to the saids Lords of the sufficiencie 
of the tanning, whilk he hes accordinglie done, and by warrand and 
commissioun frome the saids Lords his assayes ar found be a nomber 
of cordonners of best ranke and qualitie and of best and upright judge- 
ment to be sufficient Scotish hydes and barked with Scotish barke and 
als good tanned ledder and wrought at als easie pryces as anie tanned 
ledder brought frome England. And seing he hes done all that by 
witt or industrie can be done for giving unto the people satisfactioun 
in this bussines, yitt they out of thair preoccupyed opiniouns, without 
ground, modestie or reasoun, stand out aganis the same. And anent 
the charge givin to David Aikinheid, pro vest of Edinbui^h, Johne FoL 106, &. 
Sinclare, Archibald Tod, and Edward Ferquhar, baiUeis of the said burgh, to 
have compeired personallie before the saids Lordes this present xxiiij 
day of Marche instant, to have heard and seene the assayes exhibite 
and tryed be the cordonners in the mater foresaid to be good and valide, 
and that by act and proclamatioun notice might be givin to the subjects 
that the saids Lords would have the course and ordour of the new forme 
of tanning prosecute and followed out, and all the acts formerlie made 
thereanent to reseave executioun accordinglie, lykeas at mair lenth 
is conteanit in the said supplicatioun : Quhilk being callit, and the 
said persewer compeirand personallie,. and the saids defenders being 
lykewayes personallie present, be whome it wes answered that they 
had no warrand frome the burrowes whome this mater concemes to 
compeir in this bussines and thairfoir they refuised to compeir or 
answere thairin; quhilk answere being heard and considderit be the 
saids Lords and they rypelie advised thairmth, the Lords of Secreit 
CounseU finds by the report of the commissioners who wer entrusttMl to 
see the assay tane be cordonners of the new tanned ledder, that the 
said assay is good and valide ; and thairfoir they ordaine ane act and 
proclamatioun to be past and exped for giving notice to the subjects 



1629. CHAELES I. 109 

Acta Fehroary that they will have the course and ordour of the new forme of tanning 
1629. ° ^ prosecute and followed out, and all the acts formerlie made thereanent 
FoL lOd, ft- 1^ receave executioun aocordinglie." 

5*^*!l. [Sederunt as recorded above.] S^^y^°^. . 

^oTember L J House, 24th 

leZt^tLSkUBiy March 1629. 

F«J. 190, b. Complaiut by Sir Thomas Hoip, King's Advocate, as follows : — Elizabeth Complaint by 
Maxwell, relict of Harbert Cuninghame, late town-clerk of Dumfreis, Hope, Lord 
was brought to Edinburgh as an excommunicated Papist, and on that ^^^' 



account being at the horn was warded in the tolbooth there. On I7th^izabeth 
July last she was released therefrom on her petition to their Lordships reUct of ' 
on condition (as she offered) that she would remain in Edinburgh and cuLiinghaiii, 
use her best endeavours for resolution of her doubts in religion, and^**® J°^^ 
Adam Cuninghame, advocate, became cautioner for her not leaving Edin- Dumfries, aa 

FoL 191, ft. burgh without licence from their Lordships in 500 merks. But she has cat^Papist. 
shown herself very unworthy of this favour, for since her release " she 
hes never repaired to the kirk, she hes never sought conference for her 
resolutioun and satisfactioun in the points of her religioun, bot hes 
shunned all the occasiouns quhilks convenientlie she might have had for 
that effect ; and as it is constantlie reported, she not onelie continewes 
obdured in her foolish opiniouns, bot to the forder contempt of the law 
and to the offence and scandall of the Kirk, she is ane avowed haunter 
and frequenter with persouns of her awin professioun, and gives unto 
thame all the confort and supplee quhilk possiblie she may, with assur- 
ance of her constancie in her erroneous professioun ; and by thir and 
others her actiouns she kythes a verie scandalous persoun and a pro- 
fessed and avowed adversarie to the truthe, doing what in her lyes to 
draw others in imitatioun of her, to the lyke contempt." Charge having 
been given to the said Adam Cuninghame and Elizabeth Maxwell to see 
it verified that they had violated their bond of caution and incurred the 

FoJ. 191, b. penalty thereof, and the pursuer compearing and also the defenders, who 
denied the accusation and produced the bond to show that it obliged 
them no further than the said Elizabeth's keeping ward in Edinburgh, 
the Lords assoilzie the said Adam Cuninghame. But because the said 
Elizabeth Maxwell has not used means for her resolution in matters of 
religion they recommit her to ward in the Tolbooth of Edinburgh until 
they release her. 

Complaint by Sir Thomas Hoip of Craighall, King's Advocate, as fol- g*"^ Marion 
lows: — ^Dame Marion Boyd, Countess of Abercorne, having been dealt Countess of 
with by the Presbytery of Paisley for Papistry, was for her contumacy denoun^d as a 
excommunicated on 20th January 1628 in the kirk of Paisley by Mr ^^^-^^^^^^^ 

FoL 192, ft. John Hay, moderator of that presbytery. Thereafter in terms of the 
Act of Parliament held at Edinburgh in June 1594 she was cited before 
the Lords on 26 th June last, but her absence was excused on account of 
her infirmity and inability to travel, and the 17th of July thereafter 



110 REGISTER OF THE COUNCIL 1629. 

was appointed for her compearance with a certificate of her having Decreta, 
satisfied the Kirk and been relaxed, on pain of homing. The Lords, ie27-JainiAry 
however, suspended the execution of the horning for fifteen days that p^,i^ \^ ^^ 
meanwhile she might repair to the kirk, hear the preaching, and sub- 
scribe a bond obliging her upon her conscience, honour and credit, to 
repair ordinarily to the kirk when her health would permit, to hear 
conference of the ministry for her information and resolution, to remove 
from her house and service all excommunicated Papists, and not reset 
any Jesuits or seminary or mass priests. But instead of appreciating 
the favour shown to her, " she hes never repaired to the kirk, she hes 
never sought conference for her resolutioun, she hes refuised altogidder 
to subscryve the said writt, and as the constant brute goes, she is 
ane ordinarie resetter of Jesuits, seminarie and messe preists and 
of excommunicat traffiquing papists, and she is a verie scandalous 
persoun, and gives verie great offence to the Kirk.*' Charge having 
been given to her, and the Advocate compearing but the defender PoL 192, b. 
not compearing nor any in her name, the Lords ordain her to be 
denounced. 
Petition bv Petition by John, Earl of Mar, Lord Areskine and Garioch, as 

Mar, 'for pro- follows : — Andrew Plumber, writer, was employed in his service con- 
AMrew^ tiuually since 1606, and as agent has in his hands certain of the Earl's 
^^^te^r to ^^^> *^^ ^^ certain accounts respecting the taxation of the abbacy of 
to the'said Dryburgh, for which he was the Earl's factor, to settle. He has been 
for some years resident in the south country, but is now come to Edin- 
burgh to give up these writs and settle these accounts, only he cannot 
appear publicly by reason of some homings he underlies as cautioner for 
Sir John Ker of Jedburgh, and John and Mr. William Ker, his sons. 
He therefore craves a protection to him for this purpose, and this the 
Lords grant till 24th April next. 
Hoiyrood Commission under the Signet to the Sheriff of Bervick and his depute, Ck»mmiarioos, 

Maroh im, ^^ Johu Homc of Blackader, Alexander Lawder of Gunsgrene, or any FoL los, b. 
Commission to two of them, the sheriff or his depute being one, to hold courts and try 
LTrwickand Margaret Andersoun, otherwise called DeifiF Meg, Christian Wilsoune in 
Ma*"rot^^ Haymouth, Janet Williamesoun there, and Archibald Liddell and Barbara 
Anderson and Flint, his spousc, there, who have been long suspected of witchcraft, 
witchcraft. Signed by Mar, Hadintoun, Wintoun, Aire, Tracquair, Hamiltoim, and 

Scottistarvett. 
Commisfflonto Commission under the Signet to Archibald Hamiltoun of Halcraig, 
depute of ' sheriff depute of Lanark, and the bailies of the burgh of Lanark, or any 
^^^^^ two of them, the said sheriff depute being one, to hold courts and try 
isoboiGray Isobcl Grav, vagabond in the parish of Lanark, who has been long 

for witchcraft. , - . , • «. , , . , , , i. . ^ 

suspected of witchcraft. Signed as above, with the addition of 

Melvill. 
Commission to Commissioii Under the Signet to the Sheriff ot Hadintoim and his FoL iw, a. 
H«idin^n depute, and the provost and bailies of Hadintoim, or any three of them, 



1629. 



CHARLES I. 



Ill 



rommianoiis, 
FoL 194. a. 



FoL 202. 1 



Sedemnia, 
1625-29. 
Fol. 118» a. 



FoL 118* h. 



the sherifif or his depute being one, to hold courts and try Alexander and opc» to >^ 
Hunter, vagabond, who has been long suspected of witchcraft. Signed Hunter for 
as the last. yn^h.rait 

Signature for a commission under the Great Seal renewing to William, Whitehall, 
Earl of Monteith, President of the Council, the office of Justice General, ig^o. *^ 
granted to him by patent dated Whitehall, 11th July 1628, for one year wniiam, ^ri 
only (Vol. II., p. 364), by means of which the said Earl "by his care, continued for a 
wisdome and diligence hath in some peeces of the kingdome begun J^Jg^Q,^'^ 
and established a good and soUde order for mainteaning of justice and peace i^**^ 
within the said kingdome." It is needful that this work be continued, 
and therefore his Majesty confirms the said Earl in this office for another 
year after 11th July next. There is reservation to his Majesty to 
appoint commissioners for holding circuit courts, but the Earl is 
authorised to sit in these courts as Justice General and assist the 
Commissioners as he shall think fit, and to report to his Majesty the 
progress thereof, and any defects which require a remedy. The com- 
mission is granted without prejudice to the Justice Clerk, and Mr. 
Alexander Colvill, Justice Depute, in their offices; and also to the 
justiciary of the lies and others granted to the Lord of Lome, after his 
resignation of the above office of Justice General. In case of the 
death or absence of the Justice Depute the Earl is empowered to 
appoint another, for whom he must be answerable. 

" Ane missive f rome his Majestic for ane licence to the Earle of Erroll The Earl of 
to go oute of the countrey, whilk wes grantit." 

" A letter frome his Majestic in favouris of the maissonis and wrightis^®^^"^ 
of Dundee that thay may haif libertie to chuse a deacone amangis of Duncfeo. 
thame selffis as other frie burrowis haif. The Lordis ordanis the letter 
to be communicat to the provest and baillies of Edinburgh, and thay to 
ansuer upoun Thurieday." 

" Ane letter in favouris of Sir George Hay for lifting of ane regiment ^^ George 
and touking of drummes, and ane act past accordinglie." 

" Continewis Newlistoun and Kilspindie anent the making of thair J^!jJ^g^Q ^^ 
reportis towcheing the heigh wayes and passage till the first Counsall KiUpindie. 
day of May." 

"The Lordis, in regaird of the Lord of Stormonth his knowne Viscount 

^ Stormonth. 

inhabilitie, relevis him of the charge of surveying the kingis heigh 
wayis, and appoints the Lord Weymis in his place." 

"Appointis to the Lord Melvill the last of Aprile to reporte his ^^^ ^®'^"*'- 
diligence anent the heigh wayis." 

" Continewis Wyntoun, Prestoungrange, and Vicount of Air till 
22 of Aprile." ^^^of' 

" The Lordis allowis the overtouris gevin in be Balmanno for repair- Ayr. 
ing the heigh wayis." 

"Ane allowance of the articlis sett doun be the commissionaris H^^rood 
appointit for sighting of Halirudhous kirk." 



-1 Winton, 
tne Preston- 



Balmanno. 



112 REGISTER OF THE COUNCIL 1629. 

Hoiyrood " Most sacred Soverane, Remonstrance hes beene made unto your B«yai Letters, 

Mareh'[i629]. Majesteis Counsell be some of the commissioners of the Middleshyres Poi i67, a, 
letter to his ^jij^t notwithstanding all the panes and diligence used be thame for sup- 
a new artifice pressing of theft and reteaning of the inhabitants within these bounds 
the^ro^OT*^ °' under your Majesteis obedience yitt thair care and travellis thereanent ar 
Middle Shires ^y^® ^ prove voidc be reasoun of a new invented slight and evasioun 
to evade the whiche wes instanced in the persoims of Edward Armestrang callit of 
Kynmonth, Hector Armestrang callit Eckie of Stolbinn, and Johne 
Armestrang callit Handles Johne, who being commoun and notorious 
theeves and ressetters of theft and declared fugitives for the same and 
having for eshewing of apprehensioun fled over the Marche they suffered 
thameselfifes to be takin by some of thair freiuds and allys who for a 
cuUoured show have committed thame to jayle within the toun of Carlile 
(quhair they live at full libertie without restraint) intending as appeares 
before the time appointed for balding of circuit courts to procure f rome 
your Majestic a pardoun for thair trespasse. The harme and consequence 
quhairof being represented to us of your Majesteis Counsell and we con- 
sidering how muche these bydraughts and courses may import to the 
disturbance of the peace and weakening of the auctoritie of these who 
by your Majestie ar intrusted for preservatioun of the same, we have 
hurabelie presoomed to unfold unto your Majestie the truthe of the 
bussynes, and in regaird of the dangerous consequences thairof to become 
earnest suters unto your Majestie that your Majestie would be gracioush'e 
pleased for ane exemplarie terrour to others of the lyke qualitie to give 
brdour to the magistrats of Carlille and others quhom it concemes to 
send backe the saids delinquents heere to abide thair tryell quhair the 
fault wes committed and not to grant anie pardoun or remissioun unto 
them nor to no others guiltie of the lyke crymes in tyme comming, 
which we assure your Majestie will prove a most conduceable meanes for 
reteaning these disordourly and brokin men under your Majesteis peace- 
able obedience. And so, etc. Halyruidhous 24 Martii. SvbscrihUwr, 
Mar, Hadintoun, Wintoun, Seafort, Lauderdaill, Air, Lome, Areskine, 
Melvill, Dumblane, Tracquair, Hamiltoun, Scottistarvett, James Baillie." 
Hoiyrood '• Most sacrcd Soverane, As we have ever found during the whole FoL 157, b. 

Mar^'i629. coursc of your Majesteis governement most cleere and undenyable 
Letter to his prooffcs of the sinceritic of your Maiesteis pious dispositioun towards the 

Majesty anent -^ . . _ _• . ,X .t i . i • />» j\ 

the Laud of mamtcnancc of the trew reugioun (for the whiche we praise (rod), so we 
Ud5s*^o we acknowlege our selffes obliged in dewtie to expresse our thankefulnes for 
dS^^** ^e y^^^ Majesteis lait princelie regaird in forbearing to grant unto the 
censures of the Laird of Kcrsc and his ladie ane protectioun frome the lawes till they 
ais^nenT sould first givc assuraucc to your Counsell heir for satisfieing the 
tec§onr^ Churche in maner and upoun the conditiouns prescryved in your 
granted to Majestcis letter direct to us in thair behalffe. Upoun the reoept quhairof 
we wrote for the Archbishop of S* Androes and demandit him and the 
minister of Falkirk, thair ordinar pastour, tuicheing thair bypast lyflfe 



1629. CHAELES I. 113 

R^ Letten, and the Churches proceedour aganis them, who declaired in the presence 
FoL 157, K and hearing of the Laird of Kerse that he and his ladie being profest 
papists and exemplarie scandalous in the bounds quhair they dwelt, they 
wer thairupoun brought to thair answere before the presbyterie, who 
proceedit with that gentlenes and moderatioun aganis thame that after 
three yeeres forebearance, during which tyme they travelled by some of 
thair brethrein for thair instructioun and reclayming, having found thame 
to be so preoccupyed with prejudicat opiniouns and so contumaciouslie 
repugnant to the ordours of the Churche that nather they could be 
wrought to embrace the truthe nor to live in quyet without offence, they 
wer in end constrayned to goe on with the censures of the Churche 
aganis thame, and after manie publict admonitiouns and prayers made 
for thair conversioun as use is (all whiche they slighted and contemned) 
the Archbishop gave warrand to pronunce the sentence of excommuni- 
catioun aganis them, according to your Majesteis pleasure signified unto 
him concerning papists, quhairof he affirmed he had receaved no dis- 
cbarge in favours of thir parteis. By whiche report finding thame to 
be alreadie processed and ordour givin for sentencing thame upoun 
Sonday nixt we could not in reasoun vouchesafe thame anie favour or 
protectioun frome the lawes without a manifest prejudice to the estait of 
religioun, the conservatioun quhairof is your Majesteis cheefest care, and 
which we ar assured will preponder with your Majestic all byrespects 
quhatsomever. 

" We cannot omitt to represent unto your Majestic the scene pre- 
judices flowing frome the grant of protectiouns whiche ar both contrarie 
to the law and irreparablie hurtfull to your good subjects who having 
out of thair affectioun entrusted thair estaits to thair bankrupt 
creditours ar by this meanes defrauded of that legall remeid quhilk the 
course of justice would affoord them for recoverie of thair goods, 
quhairby manie honest famileis have beene brought to ruyne; for 
obviating of whiche inconveniences in tyme comming we will humbelie 
supplicat your Majestic that your Majestic would be graciouslie pleased 
not to grant anie exemptioun frome the law upoun the importunitie of 
suters who how ever they may speciouslie pretend thair intentioun to 
Foi. 158, ■. pay thair debts doe meane nothing ellis hot ane imunitie to thair 
persouns in defraude of thair creditours, and in thus doing your Majestic 
will oblige all your good and faithfuU subjects to concurre with us by 
thair most fervent prayers unto God for "your Majesteis long and happie 
raigne. Halyruidhous 24 Martii 1629. Subscribitur, Mar, Hadintoun, 
Wintoun, Seafort, Lauderdaill, Air, Lome, Areskine, Melvill, Dumblane, 
Tracquair, Hamiltoun, Scottistarvett, James BaiUie." 

Foi.ic7.b. "Charles R, Right trustie, etc. After our recept of your letter ofwwt^u,^ 

the twelffe of Februarie and depositiouns there inclosed concerning the 1629. 
precognitioun takin be yow in the differences betweene the lait Good- J;?^^^'^™ 
VOL. m. H 



114 REGISTER OP THE COUNCIL 1629. 

granting man of Carron and the Goodman of Ballindallache we wer pleased to JRoyai Letters, 

pardon to tho ^ 1823-82 

Laird of Baiiin- call before US the Lords Chanceller and President of our Counsell andpoi. 167, b. 
siaurfiter of * suche Other noblemen and counsellers of that our kingdome as ar pre- 
Ouron^u/ ®®^^ ^^ ^^^ Court and upon perusall of all the saids depositiouns and 
enjoining him hearing of the saids lords concerning the caussis and circumstances of 
penaationto the slaughter of the said Goodman of Carroun and of the other two slaine 
hia widow. Qjj |.jjg gjj^ qJ Ballindallachc we doe conceave that, though the slaughter 
of the said Goodman of Carroun is not in law justifiable, yitt in regaird 
that it doeth appear unto us that Ballindallache had no intentioun to 
doe anie wrong to Carron bot onlie to apprehend the rebell, Finlay 
M^Grenane, who wes that day in his companie, and that Ballindallach 
had reasoun no gather and arme his men for the executioun of our com- 
missioun directed to him for apprehending James Grant and his com- 
plices and others rebellis late murtherers of his kinsman, Patrick Grant 
of Letache, and of his uncle, Johne Grant of Dalnabo, whairof the said 
M^'Grenan wes ane, our fugitive and rebell and fugitive for that fact, 
as we ar informed, thairfoir and in regaird the case is verie con- 
siderable, we ar graciouslie pleased out of our princelie clemencie to 
forbeare the strict rigour of our lawes aganis the said Ballindallach and 
the rest of his companie and complices accessoreis to the said slaughter; 
but yitt out of our compassioun of the wedow and childrein of the said 
Carroun we will and require that the said Ballindallache deale by all 
meanes to give content and make reasonable o£fers to the said wedow 
and childrein for ane freindlie agreement and reasonable compositioun 
for assythement and letter of slains betweene the dait heirof and the first 
day of August nixtocome, during whiche space and longer as yow thinke 
fitt we require yow to grant thame ane protectioun or respitt, and if the 
saids parteis sail happin not to agree among thameselffes betweene and 
that day, then and in that caise we will and require yow out of your 
judgement and consideratioun of the parteis and circumstances of the 
fact and of the truthe of the allegatiouns concerning the said M^Grenans 
rebellioim for the said fact and guiltines thairof to sett doun and appoint 
suche reasonable compositioun for assythement as yow sail thinke 
fitting quharby the parteis remissiouns may pas according to the custome 
of that our kingdome in suche cases used, the said compositioun being 
alwayes first payed or deposited in the hands of the Clerk of our Counsell 
or in our Exchecker to the use of the said wedow and her childrein 
before the said remissioun doe passe ; and withall we will expect that 
yow doe carefullie provyde for the peace and quyet of that our ancient 
kingdome and for apprehensioun of James Grant and his complices, 
receavers and releevers, and other suche malefactours in that our king- fqI. 168, a. 
dome as doe stubbomelie remaine rebellis in contempt of our lawes 
and auctoritie; and as our right trustie and weilbelovit cousine and 
counsellor, the Erie of Murrey, and our trustie and weilbelovit cousine, 
the Lord Gordoun, have promised unto us to be activelie carefull of the 



1629. CHARLES I. 115 

i^jj i*tteii,appreheiisioun of the said James Grant and his complices within the 
FoJ. 168, a. bounds of thair several jurisdictiouns, so we doe heereby require yow to 
cans all other shireffs, officers and loving subjects to be aiding and 
assisting unto thame in that good service, which will be verie acceptable 
unto us ; and so we bid yow heartilie f areweill. Frome our Court at 
Whitehall the 25 day of Marche 1629." 

Acu February Sederunt — ^Treasurer ; Privy Seal ; Murrey ; Wyntoun ; Roxburgh ; Hoiyrood 

i«a». ^ Bugcleuche; Seafort; Viscount of Air; Lome; Areskine ; Mftr^'i629. 

Foi. io6,a. Melvill; Jedburgh; Bishop of Dumblane; Advocate; Justice 

Clerk. 

*Anent our Soverane Lords letter direct, makand mentioun; Forsa- Mr. Simon 
meekill as the Kings Majestic out of his royall and princelie regaird of moderator of 
the weale of his subjects, and for releeving of thame of the great travell, of ASroathr*^ 
charges and expenses that they would susteane if they wer drawin in put to the hom 
before his Majesteis commissioners anent the surrenders and teinds appearance 
to attend the tryell of the constant worth of the stocke and teind ^^^^y*^® 
of thair lands, his Majestie wes gratiouslie pleased to give ordour^^ng'i^jn 
and directioun that the tryell of thir valuatiouns sould be within his faUnre to 
the presbytereis and by some selected persons to be nominate be^,^^i'^^"„ 
the presbytereis, who sould be authorized and instructed with sub-^f tem^inthe 
commissions to that effect, and letters and charges wer direct j^nistery. 
the moderators and brethrein of the whole presbytereis within 
FoL 106, b. the kingdome for making choise of the saids subcommissioners 
according to the ordour and rule sett doun in the saids letters, and 
to have reported thair diligence thairanent to the saids commissioners 
at certane dayes now of a long tyme bygane, whairin altho the most 
pairt of the presbytereis within this kingdome hes givin all humble 
and dewtifull obedience and hes made a tymous report of thair proceed- 
ings, yitt the moderator of the presbyterie of Arbrothe hes made no report 
at all of his diligence, so that this bussines whilk is the ground 
warke of his Majesteis royall intentioun for the weale of the subjects 
in leading of thair awin teinds and of his Majesteis annuitie is verie 
farre frustrat and disappointed, highUe to his Majesteis offence and dis- 
appointing of the good and happie conclusioun of so important and 
necessar a worke ; And anent the charge givin to M' Simoun Durie, 
minister at Arbrothe, and moderator of the presbyterie thairof , to have 
compeired personallie before the Lords of Secreit Counsell this present 
twentie sax day of Marche instant and to have brought and produced 
with hiTTi ane sufficient report of his diligence in the executioun of the 
directioun and charge foresaid givin unto him anent the nominatioun of 
subcommissioners for the effect abonewrittin, under the pane of rebellioun 
and putting of him to the home, with certificatioun to him and he 
failyied letters sould be direct simplidter to putt him thairto, lykeas at 



116 REGISTER OF THE COUNCIL. 1629. 

mair lenth is couteanit in the saids letters, exeeutiouns and indorsatiouns AcU Febman 
thairof. Quhilks being callit, and Sir Thomas Hoip of Craighall, knight i629. ^^ 
baronnet, his Majesteis Advocat, compeirand personallie for his Majesteis ^^^ ^^' ^' 
interesse, and the said M' Simoun Dune, being oft tymes callit and not 
compeirand, nor no report of his diligence in executioun of the charge 
and directioun foresaid being produced be him nor no uthers in his name, 
the Lords of Secreit Counsell have thairfoir ordained and ordains letters 
to be direct charging officiars of armes to pas and denunce the said M' 
Simoun his Majesteis rebell and putt him to the home, and to escheate, 
etc." 
Charge to Sir " Forsamcckill as the Kings Majestic is resolved, Grod willing, to 
Shwiff- * honnour this his ancient kingdome with his royall presence this present 
EdkibSih' yc^re and for this efifect hes recommendit to the Lords of his Privie 
j^Sir Counsell that present ordour and directioun be givin that the hie wayes 

Forrester of throw quhilks his Majestie is to travell be made faire and passable for 
Snv^Snere of' coachcs and otherwayes. And whereas the following out of this 
ttie JuBtioes of busgineg h^s bcenc committed to some speciall persouns of authoritie 

Peace within ^ * 

the said and placc under his Majestie in eache shirefdome, the Lords of Secreit 
superintend CounscU thairfoir hes made choise of the Shireif principall of Edinburgh 
mentcS'high- *^^ ^^® conveenncr of the justices of peace within the said shirefdome 
ways within a to survey the hie way and passage betuix Edgebuckline bray and the FoL 107, ». 
dSSSct, in Water of Almound and for giving of ordour and directioun for enlarging 
Majeety^s" *^^ mending of the same. And thairfoir the Lords of Secreit CounseU 
^^^- ordains letters to be direct charging Sir James MKJill of Cranstoun- 

riddill, shirefif principall of Edinburgh, and Sir George Forrester of 
Corstorphine, conveenner of the justices of peace within the said shiref- 
dome, to appoint some short day where and whan they with some others 
of the justices of peace within the said shirefdome sail meit, and to cans 
tymous warning to be made unto thame for that efifect, and that they 
ryde the commoun hie way and passage within the saids bounds throw 
the quhilks his Majestie is to pas and consider what pairts thairof neids 
ather to be enlarged or mended, and after consideratioun thairof that 
they prescryve and sett doun in writt the forme and ordour quhilk they 
think fittest how the saids wayes may be repaired by the travellis and 
charges of the inhabitants within the nixt adjacent parishes ; and that 
they appoint overseers to see that peace of service outred, appointing the 
same to be performed and perfytted betuix and the twentie day of 
Apryle ; and that they compeir personallie before the Lords of his 
Majesteis Privie Counsell upoun the fyftene day of Aprile nixtocome, 
and make a report of thair diligence in the premisses, and of the 
obedience' of the inhabitants within the saids' bounds to thair directiouns 
to the intent that if anie thing be than unperfyte these who sail be 
foimd to be negligent may be censured and punished accordinglie, under 
the pane of rebelUoun, and putting of thame to the home, with certifica- 
tioun, etc." 



1629. CHAELES. L 117 

Aj^ebruary " FoTsameekle as Robert Scott of Eidshaw, being nominat and Protection 
i«S. appointed be the presbyterie of Melros and allowed and admitted be the hwSinM 

toLi07,a. commissioners nominat be the Kings Majestie for the treatie anent the^^^s^tt 
erectioiins, surrenders and teinds to be one of the subcommissioners f or ?^ ??^»***^ 
trying of the valuations and the just and trew rent of the lands withm give his ser- 
the said presbyterie and what they are worth yeerelie in constant rent, TOmmbrfoner 
stocke and teind ; and the said Robert being willing to attend his j^® ^ ^^ 
Majesteis service in this mater and dewtifullie and effauldlie to concurre Meipose. 
thairin with the rest of the subcommissioners, yitt in respect of some 
civill homings he underlyes for cautionerie he cannot attend that 
service ; And whereas the Lords of Secreit Counsell ar informed frome 
the presbyterie of Melros that the said Robert is a verie meit and 
understanding man for this service and can give best Ught and informa- 
tioun thairin, and that his absence and not attendance thereon will be 
ane great prejudice to the service, Thairfoir the saids Lords hes givin and 
grantit, and be the tennour heerof gives and grants warrand to the said 
FoL 107, b. Robert to attend and await upoun the said service without danger or 
trouble to be incurred be him be vertew of anie civill homings or 
captiouns raised thairupoun, the executioun whairof the saids Lords 
ordains to rest and ceasse untill the fyft day of Junij nixtocome ; dis- 
charging in the meane tyme all ju<%es, otSciars and magistrats to burgh 
and land of aU taking, apprehending, arresting or wairding of the said 
Robert be vertew of anie homings for civill causes or captiouns raised 
thairupoun, discharging thame thairof and of thair offices in that pairt 
untill the said fyft day of Junij nixtocome." 

" The whilk day in presence of the Lords of Secreit Counsell compeirit Undertaking 
personallie Hew, Lord Sempill, for obedience and satisfactioun of the sempiel anent 
charge execute aganis him for his compeirance before the saids Lords ^^j^f^^^^^^^J^^^ 
upoun the last of this instant anent ordour to be tane for the religious in trae 
educatioun and breeding of his childrein in the grounds of trew religioun **^° ' 
conforme to his Majesteis royall pleasure and directioun sent to the said 
Lords anent noblemens chQdrene in generall whois parents ar suspect to 
be averse frome the religioun presentUe profest and be law established 
within this kingdome; and the said Lord desyred that seing he wes 
now present and readie to answere to the said charge that his compeir- 
ance might be now ressaved and admitted and that he be not unneces- 
sarlie constrayned to attend till Tuisday. Quhilk desire being heard and 
considderit be the saids Lords they find the same to be reasonable and 
they imparted unto the said Lord the directioun sent frome his Majestie 
unto thame concerning this bussines, and the course tane be thame with 
some other noblemen in the lyke caise, whairunto the said Lord 
acquiesced ; and thairfoir he actit and obleist him that he sail putt a 
servant who is knowin to be of the religioun to attend his eldest sone, 
whome he affirmes to be hot sevin yeeres of age, till he be capable of 
instructioun and leaming, at quhilk tyme he sidl putt a pedadogue to 



118 



REGISTER OF THE COUNCIL. 



1629. 



Bryce Semple 
and John 



Holyrood 
House, 26th 
March 1629. 
License to 
Francis, Earl 
of Erroll, to go 
abroad on 
account of his 
health. 



Commission to 
Walter, Earl 
of Buccleuch, 
to try Robert 
and Andrew 
Scott for 
stealing sheep. 



Lord Semple. 



A deacon for 
the craft of 
masons in 
Dundee. 



The Laird of 
Blackadder. 



him knowin to be of sound religioun, and sail send him to some univer- Acta February 
sitie, where he may be bred in the grounds of trew religioun ; that hei629. "^ 
sail suffer his daughters to have the free exercise of the trew religioun ^^' ^^^' ''• 
with all helpes neidfuU thairto ; that he sail hinder so farre .as in him 
lyes that they be not disswadit nor no meanes used to seduce thame 
frome the truthe ; that they sail be attendit and served with persouns of 
the religioun ; and that ministers and others of the religioun sail be per- 
mitted to have accesse and conference with thame ; and that he himselff 
sail compeir personallie before the saids Lords and exhibite his said sone Foi. los, a. 
and daughters, being of perfyte age, when he sail be lawfullie chargit to 
that effect upoun ten dayes warning under the pane of fyve thowsand 
merkes in caise he failyie in anie point of the premisses." 

" The whilk day Bryce Sempill, compeirand personallie before the 
Lords of Privie Counsell, he acknowledgit his offence done to Johne 
Sempill in striking of him in maner specified in his complaint, quhilk 
wes provin before the saids Lords, and he humbelie craved the said Johne 
pardoun, and promised to carie himselffe more respectively to him in 
tyme comming ; whairupoun they chapped hands and wer reconciled." 

Licence to Francis, Earl of Erroll, who has been long sick, and who Jj^^jj^^^^ 
for bettering his health desires to go beyond sea, to go abroad, he having Foi. i»4, b 
found caution acted in the Books of Secret Council in £10,000 that he 
will not act in any way prejudicially to the Crown nor to the true 
religion presently professed in the country. Signed by Mar, Hadintoun, 
Murray, Wintoun, Roxburgh, Bugcleugh, Seafort, Air, Lome, Erskene, 
Jedburgh, and S. G. Elphinstoun. 

Commission under the Signet to Walter, Earl of Bugcleuche, as ^ol, 195, b. 
justice, to hold courts and try Robert and Andrew Scot, called of the 
Leck^ who on stole twelve score sheep from , belonging 

to John, Bishop of Caithnes, and drove them to the burgh of Edinburgh, 
where upon a market day they sold them to Alexander Cousteane and 
Alexander Adamesoun, fleshers there, and having been apprehended, 
are now in the tolbooth of Jedburgh. Signed as above, excepting 
Bugcleuche, Jedburgh, and S. G. Elphinstoun. 

"The Lord Semple, compeirand personalie, and the lyke course tanea«i«rmt«i 
with him anent his childrene as wes tane with the Erie of Angus." FoI. ii9, a. 

" A missive to the provest and baillies of Dundee to compeir upoun 
the day of Apryle nixt to ansuer to the missive direct be his 

Majestic to his Counsell in favouris of the maissonis of Dundee that 
thay may haif a deacone as the craf tis of other free burroughis hes." 

" The quhilk day xxij day of Aprile nixt wes assignit to the Laird of 
Blacader, convenair of the justices of peace within the shirefdome of 
Berwick, being personalie present, for reporteing of his diligence anent 
the cariage." 



SedermU — Treasurer ; Privy Seal ; Wyntoun ; Bugcleuche ; Seafort ; 



1629. CHAELES L 119 

juu February Lofd Lorne ; Lord Areskine; Melvill ; Jedburgh; Bishop ofH**^^'^,^ 

1^28. Durablane; Clerk Register; Advocate; Justice Clerk; Sir John March 1629. 

' *■ Scot ; Sir James Baillie. 

"The Lords of Secreit Counsell appoints the nixt Counsell day to be The Earl of 
upoun the fyf tene of Apryle nixt, whairof intimatioun wes made to M' edSSSion of * 
WiUiame Dowglas, maisser, to the intent he may advertise the Erie of ^ ^^ 
Angus of that dyet whilk is appointed unto him for his compeirance 
and nominatioun of a pedagogue sound in religioun to attend his sone." 

** Foraameekle as Williame, Erie of Angus, by expresse warrand and ^®nt the 
directioun frome the Lords of Secreit Counsell, hes send James Dowglas, 
his sone, to the burgh of Edinburgh, and hes placed him with M' 
Williame Dowglas, maisser, to the intent that he may be trayned up at 
the Bchoole and colledge in vertew and learning and be bred in the trew 
grounds of religioun ; and whereas for f orderance of this good earand it 
is necessarie that some of the ministrie of Edinbui'gh at convenient 
tymes conferre with the said James Dowglas, examine him upon the 
grounds of his religioun, instruct and resolve him thairin, Thairfoir the 
saids Lords requeists M' Andrew Kamsay, one of the ministers of 
Edinburgh, that he will take the paines at some convenient tymes everie 
weeke to conferre with the said James Dowglas and to instmct him in 
the grounds and principalis of trew religioun ; and if he be of anie other 
opinioun concerning his religioun that the said M^ Andro discover and 
lay opin unto him his errours, and doe what in him lyes to resolve him 
in his doubts." 

"Forsameekle as there is a nomber of persons in the north and^^'^^*^* 

* J J excommum- 

others pairts of this kingdome who being profest and avowed adversars cated Papists 
to the trew religioun presentlie professed and by law estabb'shed within who had^ 
this kingdome, and after great paines and travellis tane with thame to ^Jj^^of^^eir 
have reduced thame frome thair erroneous opinions to the acknowledge- goods by 
ment of the truthe, and they notwithstanding continewing obdured in them to their 
thair popish errours they wer for this cans callit and conveenned before''**'**^*' 
FoL 108, b. thair ordinars and lawfullie and ordourlie excommunicat be the censures 
of the Kirk, and upon the said excommunicatioun they wer lykewayes 
by a legaU and ordinarie forme denunced his Majesteis rebellis and putt 
to the home. And whereas they remained, as they doe yitt, most 
proudUe and contempnandlie under the said fearefull sentence of excom- 
municatioun, and at the processe of home following thairupon, to the 
great offence of God, scandall of the Kirk, and to the disgrace of his 
Majesteis govemement ; thairfoir directioun wes given to his Majesteis 
Advocat to caus arreist thair goods and to persew declaratours upon thair 
escheits and lyverents whairin his Majesteis said Advocat, out of the 
dewtie of his ofl&ce, hes made a good beginning. Bot the Lords of Secreit 
Counsell ar informed that thir excommunicat persons be thameselffes or 
in the names of some interposed persons thair assigneyes or simulat 



120 EEGISTER OF THE COUNCIL. 1629 

donatours to thair escheats and lyverents has intentit or is to i^^^^^ j'^J^"**^ 
actiouns aganis thair debtours or aganis the tennents and possessours of 1029. 
thair lands, rowmes, possessiouns and uthers addebted in payment unto ° * ' * 
thame of whatsomever sowmes, annuelrents or uthers goods and geir 
before sindrie inferiour judges of this realme, and intends to follow furth 
thair saids actions and to obteane deoreits thairon in prejudice of the 
saids arreistments and uthers actiouns depending at the instance of his 
Majesteis Advocat before the Lords of Sessioun, by the whilk cousenage 
and circumventioun the dew course of law and justice intendit to be 
followed out be his Majesteis Advocat aganis thame will become voide, to 
the fostering of thame in thair obduratioun and emboldening of others in 
imitatioun of thair subtiliteis to doe the lyke, without remeid be 
provydit ; Thairfoir the Lords of Secreit Counsell ordanis letters to be 
direct to command, charge and inhibite all and sindrie inferiour judges 
and judicatoreis within the kingdome that nane of thame presoome nor 
take upoun hand to proceid nor grant processe in anie actioun or cans 
intentit or to be intentit and moved before thame concerning the estaits, 
rents and living of anie exconmiunicat rebellis whatsomever at the 
instance of the saids excommunicat persons or at the instance 
of thair assigneyes, donatours to thair escheits and lyverents or 
anie uthers persons persewand to thair behoove for payment to thame of 
thair maills and dewteis of thair lands, teinds or annuelrents, or of anie 
sowmes of money addebted unto thame ; discharging thame thairof and 
of thair offices in that pairt untill the tent day of Junij mixtocome." 
Q^f^^V^ ^to " Forsameekle as it hes pleased the Kings Majestie to committ to the 
apprehend charge and trust of Sir George Hay, knight, the filling up of that 
thrEaTof"*™ regiment of twa thowsand men laitlie under the charge of the Erie of 
reSment for Mortoun f or a supplcc to the Estaits of the United Provinces of the Low 
service in the Couutrcis ; and'his Majestic hes verie eamestlie recommendit unto the 
So^Mid Sir Said Sir George the using of all convenient diligence and the best of his 
George. eudcavoures towards the forderance and advancement of this service 

whairin thair will be nothing wanting in him whilk his paines and 
travelUs and tymous and readie advancement of moneyes may afford. FoL 109, a. 
And whereas there is nombers of ydle and loyttering persouns who 
ressaved pay and inroUed thameselfifes under the regiment of the said 
Erie of Mortoun and under the regiments and companeis liftit for the 
warres of Germanic who notwithstanding mischantlie and unworthilie 
disbandit and left thair cullours and followed not out that service and 
past not over sea to that effect : and there is others ydle and maisterlesse 
men, wanting trades, calling and industrie to winne thair living, who 
preferring ane ydle and loyttering lyffe at home to all generous 
exercises whilks may procure thame credite and advancement they 
shunne this imployment and lyes as ane unproffitable and unnecessar 
burdein upoun the countrie ; lykeas they wer givin up be the severall 
parishes of this kingdome to be persouns of that qualitie and more fitt 



1629. CHAELES I. 121 

A^ebroaiy to be Sent to the warres nor to be suffered to ly at home, and they 
ie29. continew yitt as ydle vagabounds and maisterlesse men. Quhairfoir 

FuL 109, a, necessar it is for the better f orderance of this service that they be 
apprehendit and inroUed under the charge and regiment of the said Sir 
Greorge, and thairfoir the Lords of Secreit Counsell hes givin ^and 
grantit, and be the tennour heirof gives and grants full power, warrand 
and commiBsioun be thir presents to the said Sir George Hay, his 
captans and commanders under him, that they with the presence and 
concurrence of some of his Majesteis judges and officiars of his lawes 
and no otherwayes, searche, seeke, take and apprehend all and sindrie 
fugitive souldiours of the said Erie of Mortouns regiment and of the 
raiment and companeis lifted for the warres of Germanic, who ressaved 
pay and disbandit and left thair cullours and went not over sea in the 
said service, and all ydle and maisterlesse men and loytterers who wer 
formerlie givin up be the parishes to be persouns of that qualitie and 
who still continewes to be ydle and maisterlesse men and ar not in 
service where ever they may be found in anie pairt of this kingdome, 
and to inroU and enter thame in charge and service under the said Sir 
George his captans and commanders ; and if they or anie of thame sail 
be refractorie and refuise to embrace the said service, to committ thame 
to waird, there to remaine till the commoditie of thair transport be 
offered. Provyding alwayes that it be first cleerelie and suflBcientlie 
verified and provin before his Majesteis said judges and officiars of his 
lawes that thir people ar trewlie persons of the rankes and qualiteis 
foresaids, without the whilk tryell and probatioun preceiding it is 
heereby straitlie prohibite and forbiddin that no captane, officiar nor 
commander presoome nor take upoun hand to apprehend or meddle 
with anie persoun as they will answere upoun the contrarie at thair 
highest charge and perrell ; commanding heereby all magistrats to burgh 
and land to concurre and assist the said Sir George, his captans and 
commanders, in the ezecutioun of this present commissioun and to 
committ to thair wairds if neid beis suche fugitive souldiours and others 
FoL 109, h, of the qualitie foresaid as sail be presented unto thame and to keepe 
thame in thair wairds till thay be tane out be thair saids captans 
and commanders to be imbarked as they will answere upon thair 
obedience." 

" Forsameekle as by warrand and directioun of his Majesteis letter, Warrant for 
daitit the twentie twa day of Julij last bypast, directit to the Lords of the gwdTand 
his Majesteis Privie Counsell, willing thame to cans execute his Majesteis Jf the^p^^ns 
lawes upon the persons, lands and goods of all suche persouns as are of ^^^^ have 
denunced rebellis for not payment of his Majesteis bygane taxatiouns, his m ajest/s 
the said Lords by an Act of Counsell of the dait the sevint day of********°' 
August last bypast thought it meit for the better imbringing of the 
same taxatiouns that choise sould be made of sax persouns who sould be 
imployed and authorized as ane guaird for apprehending of the rebelUs 



122 REGISTER OF THE COUNCIL. 1629. 

of the same taxatiouns. And now the saids Lords of Secreit Coimsell A^i February 
understanding that the persouns particularlie underwrittin ar denunced i629. ^ 
rebellis and putt to the home be vertew of his Majesteis letters for not ^°** ^^' **■ 
payment making to Johne, Erie of Mar, Lord Areskine and Garviauche, 
etc., Collectour generall of the ordinar and extraordinarie taxatiouns 
grantit in the moneth of August 1621 yeeres of the sowmes of money 
following as for thair pairts of the first, secund, thrid and fourt termes 
payment of the said ordinarie taxatioun; as lykewayes the others 
persouns imderwrittin ar denunced rebellis and putt to the home be 
vertew of his Majesteis [letters] for not delyvering to the said Johne, 
Erie of Mar, Collectour foresaid, the inventars of the lent moneyis and 
for not payment making of the taxatioun of the saids lent moneyes 
conforme to the saids inventars, and that for the first, secund, thrid, 
fourth, fyft, saxt, sevint and aucht termes payment of the said extra- 
ordinarie taxatioun ; as lykewayes the saids Lords of Secreit Counsell, 
understanding that the persouns particularlie underwrittin ar denunced 
rebellis and putt to the home by vertew of his Majesteis letters for not 
making payment to George, Vicount of Dupline, etc., Collectour of the 
ordinarie and extraordinarie taxatiouns grantit to his Majestie in the 
moneth of October 1625 yeeres of the sowmes of money following as 
for thair pairts of the first, secund, thrid and fourt termes payment of 
the said ordinarie taxatioun ; as lykewayes the others persouns under- 
writtin ar denunced rebellis and putt to the home, be vertew of his 
Majesteis letters for not delyvering to the said George, Vicount of 
Dupline, etc., Collectour foresaid, the inventars of the lent moneyes and 
for not making payment of the taxatioun of the said lent moneyes 
conforme to the said inventars, and that for the first, secund, thrid, fourt, 
fyft and saxt termes payment of thair pairts of the said extraordinarie 
taxatioun, they ar to say, etc., as the letters of homing execute, 
indorsat and registrat beiris ; at the processe whairof the persons rebellis 
abonementionat hes proudlie and contempnandlie remained since the 
tymes respective of thair deniinciatiouns as they doe yitt unrelaxt, takand 
no regaird of the said homing hot haunts and repaires publictlie and 
avowedlie in all pairts of the countrie at thair pleasure as [if] they wer 
lawfuU subjects, highlie to his Majesteis offence and contempt of his 
Highenesse auctoritie : Thairfoir the Lords of Secreit Counsell hes givin PoU iio, a. 
and grantit, and be the tennour heerof gives and grants full power and 
commissioun be thir presents to to pas, 

searche, seeke and take the persouns, rebellis foresaids, where ever they 
may be apprehendit, and to bring, produce and exhibite thame before the 
saids Lords to be tane ordour with for thair rebellioun as accords, as alsua 
to pas, persew and take thair houses, remove thameselflfes, thair servants 
and famileis furth thairof , make inventar of thair goods and geir being 
thairintill, and to report the said inventar to his Majesteis Thesaurar, to 
the effect the saids goods may be made furthcummand to his Majesteis 



1629. CHAELES I. 123 

Acta Pebraary use 88 accords. As lykewaycs the saids Lords ordains and commands the 
i6}». " magistrats of all free burrowes within this kingdome where the saids 
Foi. no, a. gentlemen of his Majesteis guaird sail happin to repaire with anie of the 
saids rebellis, that the saids magistrats receave the samine rebellis aff 
thair hands, committ thame to saul£fe custodie and waird within thair 
tolbuith, keepe and deteane thame thairin ay and whill they have payed 
the saids sowmes for the whilk they ar denunced rebellis, and be fred 
and releeved by warrand of the said CoUectour generall as the saids 
magistrats of the saids burrowes will answere upoun thair highest charge 
and peneU ; and ordanis heraulds, pursevants, messingers of armes, to pas 
and make publict proclamatioun thairof at the mercat croces of the heid 
burrowes of this realme and others places neidfull, that nane of his 
Majesteis lieges pretend ignorance of the same." 

5*"***» rSederunt as above recorded.1 Hoiyrood 

NoTwnber L J House, Slst 

1^-Jttoary March 1629. 

FoL'i93,a. Complaint by David Andersoun, sometime gardener to Mr William Complaint by 
Oliphant of Kirkhill, advocate, as follows : — On March instant, BonTgardener, 

when he was working in his said master's garden in Kirkhill, " the said ^i^^^""' 
Mr. Williame, to the disgrace of his calling, being ane member of the 2l*?^*{)* ^^ 
Colledge of Justice, come unto me and after manie injurious words advocate, for 
uttered aganis me without anie ofifence givin unto him, he shamefuUie •*®*"^*" 
strake me with his hands on the face, punsed him [sic] with his feit, pulled 
up his hedging knyffe and thairwith strake at him of purpose to have 
Blaine him, if he had not ressaved the straikes with his delving spaid 
whilk wes in his hand, and thereafter wes forced to flee : And not con- 
tent heerewith he come to his dwelling hous, boasted and minassed his 
wyflTe and familie, threatning thame of thair lyffes, sua that he forced 
thame to leave thair hous and service without making payment to thame 
of thair fee for thair service this yeere bygane to thair utter wracke." 
Charge having been given to the said Mr. William Oliphant, and both 
pursuer and defender compearing, the Lords assoilzie the defender, as on 
probation being referred to his oath of verity be denied the charge. 

FiJ. 198, b. Petition by the provost, bailies, council, minister and elders of the Petition bv the 

burgh of Dumbartane, as follows : — Margaret Hunter, spouse to Peter Dumbarton 
Donnald, sailor, and Janet Donnald, spouse to Umphra Colquhoun, being anent^^^rtriai 
apprehended for witchcraft, the petitioners obtained from their Lordships ^ ^f^JJf^J 
a commission for their trial to William Sempill of Foulwod, Walter Janet Donald 
M*^Awlay of Ardincaple, and James Hall, present provost of Dumbartane. '°' ^ ^^ 
But they are informed that since then John Colquhoun of Luss and 
John Boyle of Kelbume have been adjoined to the said commission ; 
which has been done by procurement of the said Laird of Luss, who is 
near kinsman to the said Umphra Colquhoun, and who has been labour- 
ing by all his means to procure the release of the said prisoners both 
from their Lordships and from the petitioners. His intention is to 



124 REGISTER OF THE COUNCIL. 1629. 

defeat the ends of justice. The Laird of Kelbume is a mere stranger "in Decreta, 
that countrie and his name onelie used be the said Laird of Luss for his i^!january 
awin endis." They therefore crave the discharge of these two additional p^igs y^ 
commissioners, and warrant to the former to proceed with the trial. 
The Lords, however, appoint John Birsbane of Bishoptoun in place of Foi. IM, a, 
the Laird of Luss, whom they now discharge, and appoint the five com- 
missioners or any three of them to proceed with the trial according to 
law. 
Complaint by Complaint by Alexander Leslie, indweller in Aberdeen, and Marion 
Alexander cheync, his spousc, as follows : — On 5th July last Mr. William David- 
AbeiSeen^and®^^^* minister at Auchindore, accompanied with certain of the li^ea 
Margaret' armed with swords, rungs and other weapons, came to the dwelling house 
spo^^a^lnatof the Said Alexander Leslie in Aberdein, in his absence, broke up the 
DaTiSon*™ doors and entered therein ** perforce, patt violent hands in the said 
minister at Marioun Chcynes persoun, and without respect to her sexe, or pitie of 
for assault and her wcakc cstait, she being great with chylde, they so barbarouslie and 
th^ho^ inhumanelie birsed, bruised and bladdit her upon the head, face, shoulders 
and armes and other pairts of her bodie, with manie bauche, blae and 
bloodie straikes, that shortlie thereafter she pairted with bame, to the 
great hazard and perrell of her lyffe, hurt and woundit thair servants 
to the effusioun of thair blood, tirred the house abone thair head, and 
maisterf ullie shott thame to the doores, and then without forme or ordour 
of law, they demolished and kuist doun the wallis of the hous and layed 
the same levell with the ground, spoyled, destroyed and away tooke thair 
whole insicht and plenishing." Charge having been given to the said Foi. IM, b. 
Mr. William Davidsoun, and the said Alexander Leslie compearing for 
himself and his wife, and the defender also being present, and the pro- 
bation being referred to the oath of the defender, who denied the chaise, 
the Lords assoilzie him therefrom. 
Protection Petition by Sir David Home of Wedderbume, knight, as follows : — 

Kwd.Home"^ He has charge of a company in the regiment of Col. Sir George Hay, 
?hat^^may™ which is now dispersed and scattered through the country. It is very 
collect the ncccssary to gather them together for the furtherance of the service 
George Hay's which his Majesty has so earnestly recommended to the said Sir George, 
''®*^®°*' but on account of some civil homings which he underlies he cannot go 

about the work, and therefore craves their Lordships' protection. This - 
the Lords grant till 1st June next. 
Similar pro- A similar protection till 1st June is granted to Eichard Carmichaell, FoL i»5, a. 
to rISmS^ " purveant maister to Sir George Hay, Colonell," whose business being to 
SmmSary of providc " all sorts of ncccssars for thair compaine, tyes him to a daylie 
gr George and assiduous attendance upoun that service ; but the rigorous carriage 
ment. of somc of his Creditors hinders him therein." 

Protection to Petition by James Melvill, quartermaster of the regiment transported 
viu™^quarter- ^7 William, Earl of Mortoun, and now under the charge of Colonel Sir 
master of the George Hay, as follows : — The protection formerly granted to him for 



1629. 



CHARLES I. 



125 



Hecreta, 
Noremher 

16S0. 

Fol 1»5. h. 



Fol. 196, a. 



Commisrioos, 
ie244m. 
Fd. 196, ft. 



Sed«nmU, 
I62&.29. 
KoL 119, a. 



FoL 119, b. 



going about the country for "distributing of moneyes dew unto the regiment of 
souldiours of the said regiment" expires this day, but the necessity of it Morton.*^ 
still remains, and he therefore craves an extension. This the Lords 
grant till 1st June next. 

Petition by Alexander M^^CuUoch of Mertoun, as follows: — Their 9?'^^**1°*2*'® 

, of protection 

Lordships granted him their protection to come to Edinburgh for the granted to 
ending of a long and troublesome action before the Lords of Session M<cuno(rh of 
between him and the daughter and widow of M^CuUoch, one of Mertoun. 

his late Majesty's physicians, but as his party had not come to the 
country at the diet appointed, nothing was done. His party has 
now come to this burgh, and they have submitted their action judi- 
cially to some of the Lords of Session, and he now craves a new pro- 
tection for attending the same. This the Lords grant till 10 th April 
next. 

The Lords continue the action by William Forbes of Craigiewar, asCaaeof 
proprietor of the lands and barony of Fintrie, and bailie of the reality of Craigievar 
thereof, and WiUiam Eannald, his officer, against John Wood in Mylne- ^^in °^'' 
toun, and Andrew Wood, his son, for some points of oppression against ^^^^^^^ 
the pursuers till 16 th June next, of which both parties, being present, his son. 
were warned apud acta. They also ordain John Wood to exhibit the 
witnesses who have been charged to appear in this case upon the said 
day, under pain of homing. 

Commission under the Signet to the Sheriff of Bervick and his depute, HoiynxKi 
Sir Alexander Nisbitt of that Ilk, John Cranstoun of Thomedykes, and March 1629. 
Alexander Cranstoun of Morestoun, or any two of them, the said sheriff or ^™°^^^^^^ 
his depute being one, as justices, to hold courts and try Isobel Thome- Berwick and 
soun in Ryslaw, who has long been suspected of witchcraft. Signed byisobeiThom- 
Mar, Hadintoun, Wintoun, Seafort, Areskine, Tracquair, and S' Thomas ^^^^^^^^J^L 
Hoip. 

Commission under the Signet to Hew, Lord Sempill, sheriff principal CommiMion to 
of Benf rew, Archibald Stewart of Blakhall, and Birsebane of Sempie, and 

Bishoptoun, or any two of them, as justices, to hold courts and try Janet j^^etwi^- 
Widdrow [" Wardrop" in the margin] at Innerkip, who has long been j^'' »° ^^^f- 
suspected of witchcraft. Signed as above. craft. 

*' The Lordis appointis the nixt Counsall day to be upoun the xv of The Earl of 
Aprile nixt, wherof intimatioun wes maid to M' Williame Douglas, maiser, ^"^lon^of^* 
to the intent he may adverteis the Earle of Angus of that dyet whilk is ^^ ^^ 
appointit unto him for his compeirance and nominatioun of a pedagogue 
sound in religioun to attend his sone." 

" Ane protectioun grantit to Scott of Eidshaw till the tent of Junij to Protection to 
the intent he may attend the subcommissioun." Headshaw. 

" The Lordis haveing hard the reporte maid be the visitours of the Anent the 
Kingis houssis and Castell of Edinburgh, thay allow of thair panes and Ki^^houa^ 
ordanis the Maister of Worke to begin and proceid with the reparatioun ^yl*^^^,^^^;' 
of suche pairtis and placeis as ar most important." 



126 EEGISTEE OF THE COUNCIL. 162d. 

Hoiyrood " Most sacred Soverane, According to the directioiin of your Majesteis Koyai utters, 

House, Slst ,..,., . ., J ' . • 1 1 1. • X 1®»^ 

March 1629. letter tuicheing the educatiouu of noblemena sones whois parents werFoLi58,a, 

^a^t^^iment ^®P^^^ ^^ ^^ discouforme frome the trew religioun presentlie professed 

the education wc culUt before US suchc of these noblemen as ar heere in the countrey 

Bons^in^the^^ and have ordayned thame to send their sonnes who ar of perfyte yeeres 

true religion. ^ ^^^q Universitic of S* Androes or College of Edinburgh attendit with a 

pedagogue of approvin lyffe and sound in religioun there to be bred in 

the trew grounds of Christiane faith. We have tane thame acted under 

pecuniall panes to permitt unto thair daughters the free exercise of the 

religioun with all necessar helpes conduceable thairunto, that they sail 

use no meanes to seduce thame frome the truthe and sail cans thame be 

served with persouns of the religioun, and that they themselfiFes sail 

compeir before the Counsell and exhibite thair childrein as they sail be 

required upoun a lawfuU warning. And quhairas the Erie of Nithisdaill 

and the Lord Gray (quhom this mater speciallie concerns) ar for theFoLi68,b. 

present with your Majestic and that it is lykewayes feared that the 

childrein of the Lord Gordoun may in thair tender yeeres ressave 

prejudiciall impressioims by the travellis and informatioun of the 

Marqueis of Huntlie, thair grandfather, and others popishlie affected 

resorting to and fra thame, we thairfoir humbelie intreate your Majestic 

to require and urge the saids noblemen with the performance of the lyke 

conditiouns towards the educatioun of thair childrein as by ordourlie 

judgement hes beene prescryved unto others : Your zeale to procure ane 

unif ormitie in religioun is a service no lesse profitable for the State than 

acceptable to God, whois worship being thus established will give 

strenth to your auctoritie and worke that steadfast obedience in the 

hearts of your faithfull people that in the conscience of thair dewtie 

they will readilie adventure thair lyffes and estaits for the defence of 

that sacred truthe and maintenance of your royall crowne aganis the 

practises of suche as sail unhappilie seeke to supplant the one or 

endanger the other ; quhairin praying God, etc. Halyruidhous, the last 

of Marche 1629. Subscribitur, Mar, Hadintoun, Wintoun, Areskine, 

Traquare, Dumblane, Melvill, Jedburgh, S' Thomas Hoip, S' George 

Elphinstoun, Scottistarvet, S' James BaiUie." 

HoISe^iBt "Most sacred Soverane, For obedience of your Majesteis letters 

March 1629. quhairby your Majestic wes pleased to recommend imto us the payment 

Maje^ aneat niakiug to the Erie of Annandaill of the rests of suche sowmes of money 

Se^Hf***'^ wer assigned unto him for building of your Majesteis hous of 

Annandaiefor Lochmabcu and that out of the fynes of the transporters and dry vers of 

^Ujes^'s cattell or anie other fynes or sowmes of money intrometted with be anie 

mXn?' ^^^' ^^ y^^^ Majesteis officers of recept not as yitt compted for, as lykewayes 

out of the superplus of the tacke dewtie of Orkney and Shetland payed 

be Williame Dick more nor is assigned to the Erie of Wintoun for the 

use of the Erie of Nithisdaill, we callit the officers and ressavers of your 

Majesteis rents before us, and having urged thame to satisfie the desire 



1629. CHAELES I. 127 

Roj^i Lettere, of youF Majcsteis letter they declared that the fynes of the transporters 
FoLisa, b. of catteU wer not meddled with be thame or anie of thame, hot if anie of 
the saids fynes wer uplifted the saraine wes intrometted with be the Lord 
Naper, who is to be comptable thairfoii* ; and as to anie other fynes or 
sowmes of money intrometted with be thame, the same ar all compted 
for alreadie; and quhairas your Majestie wes pleased in the latter pairt 
of that letter to require us to take speciall notice of the superplus of the 
said tacke dewtie of Orkney and Shetland and to recorde the same for 
the further increasse of your Majesteis rents in tyme comming, we for 
our cleerer light and your Majesteis better informatioun anent the truthe 
of that mater conveenned before us Williame Dick, who produced the 
subtack of Orkney and Zetland sett to him be the Lord Naper, after 
inspectioun quhairof and coUationating of the dewtie thairin conteanit 
FoL i», a. with the dewtie payed be the Lord Naper to your Majestie for the same 
we found the sowmes to agree and that there wes no more includit in 
the subtacke than wes sett doun in the principall. And having further 
demandit of him if he wes lyable in payment to the liOrd Naper of anie 
superplus more nor the dewtie conteanit in his tacke he ingenuouslie 
contest that he gave ane byband to the Lord Naper for payment of the 
sowme of sevin thowsand merkes yeerelie besides the tacke dewtie, quhilk 
byband the said William Dick declared wes in the hands of the said Lord 
Naper and that he had not ane copie thairof hot declared that the said 
Lord Naper at the tyme of the subscryving of the said byband promeist 
to performe to him certain conditions quhilk he is content to referre to 
his and Archibald Campbells aith quhom he imployed to be mediator 
betuix thame; quhairwith we have thought good to acquaint your 
Majestie to the intent your Majestie after consideratioun thairof may 
make suche use of the same as to your princelie wisdome sail seeme 
fitting, and so, etc. Halyrudhous, the last of Marche 1629. 
Svhscribitur, Mar, Hadintoun, Wintoun, Areskine, Tracquair, S' Thomas 
Hoip, S' George Elphinstoun, Scottistarvet, S' James Baillie." 

"After our verie heartilie commendatiouns. By this inclosed copie of Hoiyrood 
his Majesteis letter direct to the Counsell in favour of the maissouns, March 1629. 
Wrights and thair dependants within the burgh of Dundee yow wiU^^^J^^^® 
understand the substance of thair desire and his Majesteis princelie direc- Dundee anent 
tioun concerning the same, quherewith notwithstanding we have forborne thatbm^K** 
Foi. 159, b. to meddle till yow sould be first heard for your interesse ; and thairfoir 
these ar to requeist and desire yow to make your addresse to the Counsell 
heere be some of your nomber upoun the xv day of Apryle nixt 
Bufficientlie instructed with reasouns to oppose the desire of the said letter, 
or otherwayes to give way thairunto ; quhairin, if you failyie and sail not 
compeir and keepe the said dyet, we will proceid in the ordouring of that 
bussines according to our awin knowlege and as we sail find the justice 
of thair sute to require ; hot hoping that yow will be more respective of 
your dewtie in a mater so properlie concerning yow and of whois 



128 REGISTER OF THE COUNCIL. 1629. 

interesse we have beene pleased to take speciall notice, we committ J^^f^J^^^'^ 
to God. Halyrudhous, the last of Marche 1629. Sviscribitur, Mar, FoI. 15», b. 
Hadintoun, Tracquair, S' Thomas Hoip, S' George Elphinstonn, 
Scottistarvett." 

Hoiwe^th Sedemrvt — Treasurer; Privy Seal; Bugcleuche; Lord Lome; Lord Acta Febmaiy 

April ie29. Melvill ; Lord Carnegie ; Lord Tracquair ; Bishop of Dumblane ; ie2S». ^ 

Clerk of Register ; Advocate. ^"^ ^^^' *• 

PMi^ent "The whilk day the missive letter underwrittin signed be the Kings 
deiayodtiii the Majestic and directed to the Lords ChanceUour and President of the 
her in acrord? Privic CounscU and to the remanent noblemen and others privie coun- 
fiw^ructioM of sellours of the kingdome of Scotland and to the commissioners appointed 
^.M*|^*7' for fencing and continewing the high court of Parliament within the 
postponement Said kingdomc, anent the prorogatioun of the Parliament to the fyf t day 
visit "^^^^^^of September nixtocome, being presented to the Lords of Secreit Counsell 
and read in thair audience, and the saids Lords with all humble and 
dewtifull respect acquiescing to his Majesteis royall directioun in that 
mater, they ordained missives to be writtin to suche of the commis- 
sioners as ar in the countrie and to the Lords MairshaU and Constable 
and to the shirefF of Edinburgh, in regaird of thair places quhilks they 
hold in the said Parliament, willing thame to make thair addresse to the 
burgh of Edinburgh in dew and convenient tyme upon the fyftene day 
of Apryle instant to assist the fencing of the said Parliament and con- 
tinewing thairof untill the said fyf t day of September nixt, conf orme to 
the missive letter foresaid and to the commissioun grantit to thame for 
fencing and continewing of the said Parliament, and according to the 
dewtie of thair places and services quhilks they hald of his Majestic ; of Foi. no, b. 
the quhilk missive the tennour foUowes : — Charles R, Eight trustie 
and right weilbelovit cousine and counsellour, right trustie and 
weilbelovit cousines and counsellours, right trustie and weilbelovit 
counsellours, and trustie and weilbelovit counsellours, we greete yow 
Weill. Notwithstanding of the great desire we have to repaire to that 
our ancient kingdome to the effect that after dew deliberatioun with the 
advice of our Estaits we may fullie settle all things for the good thairof 
that sail be found necessarie, yitt for severall considerations knowne 
unto us, finding it not likelie that we can keepe the tyme appointed 
according to our first intentioun for the holding of our Parliament, our 
pleasure is that yow prorogat the same untill the fyft day of September 
nixt, and for doing heirof that yow use the forme usuall or fitt to be 
used for that purpose, that all our subjects may take notice thairof ; for 
doing whairof these presents sail be your warrand, and so we bid yow fare- 
weill. Frome our Court at Whitehall the 25**» day of Marche 1629. 
FoUowes the directioun upoun the backe — To our right trustie and right 
weilbelovit cousine and counsellour, to our right trustie and weilbelovit 



1629. 



CHAKLES I. 



129 



ActaFebroarr 
162Muly 

FoL no, b. 



CammBgkTML 
1624-80. 
FoL 19«. a. 



iSedenmta, 
FoL 119, b. 



cousins and counsellours, to our right tnistie and weilbelovit counsel- 
lours, and to our trustie and weilbelovit counsellours, the Vicount of 
Dupline, our Chanceller, the Erie of Monteith, President of our Privie 
Counsell, and the remanent noblemen and others our privie counsellours 
of our kingdome of Scotland and to the commissioners appointed for 
fencing and continewing our high Court of Parliament within our said 
kingdome."^ 

Commission under the Signet to Sir John Hamiltoun of the Grange, 
Walter Cornwall of Ballinhard, Mr. Alexander Hamiltoun of Kinglas, 
and Mr. Alexander Bruce of Inzefer, or any two of them, as justices to 
hold courts and try Isobel Eobertsoun in Borrowstounesse who on 
March last murdered a young infant borne by her to John Falconer 
in . In the latter part of the commission it is put that " as she 

shall be f oundin culpable or innocent of the said cryme of witchecraf t " 
they are " to cans justice be ministrat upoun her." Signed by Mar, 
Hadintoun, Buccleuche, Lome, Melvill, Hamiltoun, Ad. B. of Dumblane. 

" Ane missive frome his Majestic anent copper coyne, the consideratioun 
wheirof remittit to the nixt Counsell day, and the maister cunyeour, 
being present, is commandit to attend that day." 

" The nixt CounsaUl day appointed to be upoun the xv of this instant 
wherof the Counsallouris present wer wamit apnd acta and promeist to 
keepe the dyet, and missives ordanit to be writtin to the rest to keepe 
the said dyet." 



Holyrood 
House, 6tb 
April 1629. 
Commission to 
Sir John 
Hamilton of 
the Grange 
and others to 
try Isobel 
Robertson in 
Bo'ness for 
infanticide. 



The copper 
coin. 



Meeting of 
(Council. 



Acta Febmaiy 

16*2S^niy 

1629. 

FoL 110, bw 



SederurU — ^Treasurer ; Privy Seal ; Wyntoun ; Roxburgh ; Seaf ort ; Holyrood 
Lauderdaill; Lome; Areskine; Melvill; Clerk of Register ; April 1629. 
Advocate ; Justice Clerk ; Sir John Scot ; Sir James Baillie. 



*' Forsameekill as the Kings Majestie out of his earnest desire to visite this Meeting of 
his ancient kingdome having resolved to have repaired heere in persoun delated from 
in this instant moneth of Apryle for receaving of his crowne, and to the ^t^'^/gi^ni. 
intent that after dew deliberatioun with his Estaits, his Majestie might J^'f o^^ ^ 

the postpone- 

have fullie sattled and brought to a periectioun all things that sould bementof his 
found necessarie for the good of this kingdome, his Majestie for this^*^®**^'^"^ 
effect appointed his Parliament, whilk wes proclamed to have begunne 
upon the fyftene day of September last to be prorogat and continewed 
to the fyftene day of Apryle instant; yitt in respect manie great 
occasioims interveening in this meane tyme/ his Majestie finds it not 
likelie that he can keip the appointed tyme for balding of his Parlia- 
ment, and thairfoir hes givin ordour and directioun for prorogatioun of 



^ This is the second time that Charles post- 
poned his intended visit to Scotland, and the 
position of affairs in England sufficiently 
explains the further delay. The English Parlia- 
ment which had met in the spring of 1629 had 
proTed even more refractory than its predeoes- 

vou m. 



sors, and at the moment when Charles wrote 
the above letter to the Council, Eliot and the 
other eight members were in prison by his war- 
rant In these circnmstances Charles wa-s 
hardly in a mood either for pleasure or business 
in his northern kingdom. 

I 



130 REGISTER OF THE COUNCIL 1629. 

the said Parliament untill the fyft day of September nixtocome ^^^^ f^fj|J™*^' 
continewatioun of dayes, whilk day his Majestie hes made choise of for 1029. 
beginning of his said Parliament, and hes resolved, God willing, to keepe FoL ill, a. 
the said dyet preciselie in persoun. Thairfoir the Lords of Secreit 
Coonsell according to his Majesties warrant and directioun sent onto 
thame for this purpose, ordains letters to be direct charging heraulds, 
pursevants, maissers and officiars of armes to pas to the mercat croces 
of the heid burrowes of this kingdome and uthers places neidf ull, and 
there be opin proolamatioun to make publicatioun and intimatioun of the 
continewing of the said Parliament untill the said fyft day of September 
nixtocome, with continewatioun of dayes, and to waime all and sindrie 
prelats, noblemen, commissioners for the small barouns and burrowes, and 
all uthers having place, voice, office, service or attendance in the said 
Parliament, that they and everie ane of thame attend and await upoun 
the same the day foresaid with continewatioun of dayes, and doe and 
performe that quhilk to thair places and charges apperteannes, with 
intimatioun as effeirs." 
Decree in " Forsameckle as our lait Soverane Lord of etemall and blessed 

^ i^'^ ^ memorie having wiselie foreseene the great hurt and prejudice that the 
oommrmd for po<>re people of this kingdome susteaned throw the skairsetie of small 
fi* l^^^d ^^^^y^y especiaUie of i)enneis than currant within the same, togidder 
stones of with the prejudice that the commoun people susteanned be the inter- 
35£y*into**^°^* ruptioun of the intercourse and change of penny worthes and other small 
two'^^iSr^ commoditeis vendible amongs thame, his Majestie wes thairfoir moved 
meces for the out of pitic and commiscratioun of the poore, whois nomber wes become 
poorUeges. ^ great and thair necessiteis so extreme as the lyke wes not heard off, to 
dispense and lay aside all privat respect and consideratioun of his awin 
profite quhilk in the mater of the cojme his Majestie might lawfuUie 
make, and to give warrand and directioun by act and ordinance of 
Counsell, bearing dait the fyft day of August 1623 yeeres, for coyning 
of fyve hundreth stone weight of copper immixed with anie other 
mettall and to be wroi^ht and forged in a mill and cutted with a 
cutter and be the said mill and cutter made readie for the printing 
after the accustomed maner of the Cunyiehous with fyle and tursell, 
whairthrow the same might not be counterfoote in penneis and twa 
pennie peeces, whairof saxteene of the saids twa pennie peecee to 
be in ane unce weight and sax score and eight of the saids twa 
pennie peeces to be in the marke weight with three of the peeces of 
remeid als weill heavie as light on the said marke weight thairof, as the 
said act conteaning the forme of the impressioun and circumscriptioun 
of the saids twa pennie and pennie peeces and conteaning likewayes ane 
speciall provisioun and conditioun that nane of his Majesteis subjects 
sould be astricted to ressave of the said copper coyne abone the value of 
sax penneis in ilke pund in payment of debts or other blockes, waires or 
merchandice at lenth beiris. Quhilk act having tane effect and execu- 



1629. CHARLES I. 131 

J^Fabnutty tioun by the printing and outputting of the foresaid fyve hundreth 
ifi2». stane weight of copper amongs the li^es, yitt notwithstanding thairof, 

FoL lu, b. Q^^ soverane Lord is now informed that the same skairsetie of small 
moneyes is als great at this tyme as it wes the tyme of the making of 
the said act, sua that the benevolence and almous whilk his Majesteis 
subjects would freelie and willinglie give for releefife of the necessiteis of 
the poore is interrupted and hindered to thair undoing and miserie ; and 
thairfoir his Majestic, out of his gracious and royall dispositioun for the 
releeffe of the necessiteis of the poore and for the forderance of small 
exchange among the commoun people is weill pleased to take that same 
course as wes tane be his Majesteis darrest father in this mater ; and 
thairfoir with the advice of the Lords of his Secreit Counsell hes thought 
meit and expedient, concluded and ordained that there sail be fyve 
hundreth stone weight of copper unmixed with anie other mettall, 
wrought, forged, cutted and printed in pennie and twa pennie peeces 
after that same forme and maner and of that same weight, impressioun 
and circumscriptioun as wes conteaned in the act foresaid of the fyft of 
August 1623, and with the provisions conteanit thairin, and conforme to 
the tennour thairof in all points, with alteratioun and change allanerlie 
in the circumscriptioun of the name Carolus for the name Jacobus ; 
commanding heirby the Maister of his Majesteis Cunziehous 
presentlie to prepare himselfife and to proceid to the melting, forging, 
cutting and making of the saids pennie and twa pennie peeces, at 
the least so manie of thame as goodlie may be wrought readie for the 
printing againe the first day of Maij nixt, to the intent that at that 
same day they may be entered to the printing and be whollie printed 
before the fyftene day of Apryle in the yeere of God j"vj° and 
threttie ane yeeres; commanding alsua the wardane, counterwardane, 
sinker and temperer of the ymes, everie ane of thame in thair severall 
charges, to attend the service and to proceid to the printing of the saids 
peeces as they will answete to his Majestic and his Counsell upoun the 
dewtie of thair offices. And his Majestic commands that in everie staine 
weight of the saids peeces there be ane pund coynned in pennie peeces ; 
and that letters be direct to make publicatioun heerof be opin proclama- 
tioun at the mercat croce of Edinburgh and others places needfull 
whairthrow nane pretend ignorance of the same ; and to conmiand and 
charge all his Majesteis subjects to ressave the said copper peeces in 
payment of debts, blocks, waires and merchandice in maner foresaid, 
and onnawayes to refuse the same upoun whatsomever cullour or pretext 
under the pane of treason. FoUowes his Majesteis missive for warrand 
of the act abonewrittin : — Charles R, Eight trustie and weilbelovit 
cousine and counsellour, right trustie and weilbelovit cousines 
and counseUours, right trustie and weilbelovit counsellours, and 
FoL 112, A. trustie and weilbelovit counsellours, we greete yow weill. The letter 
sent by yow unto us of the twelfiFe of Februarie 1629 concerning the 



132 REGISTER OF THE COUNCIL. 1629. 

striking and printing of some copper money within that our kingdome f^?®^™*^' 
for releeffe of the poore and for the furtherance of small exchange 1629. ^ 
among the commoun people wes so considered of be us and some of our ^^^' ^^ *• 
nobilitie and Counsell now present at our Court as we are gratiouslie 
pleased heereby to require yow to give present order for striking and 
printing of suche a reasonable quantitie thairof in penneis and twa 
pennie peeces as yow sail thinks convenient for the state and conditioun 
of that our ancient kingdome and for the ease of our good subjects 
thairof and that yow doe carefuUie provyde that the benefite of the said 
coyne may be applyed to our use : and so we bid yow heartilie farewell 
Givin at Whitehall, the 18 day of Marche, 1629." 
Act forbidding " Forsamcckle as the Kings Majestic out of his gratious and tender 
cop^lMn ^rew regard and commiseratioun of the necessiteis of the poore who ar pre- 
dec^in^the* J^^8®d of thair almous throw the penurie and skairsetie of small moneyes 
coinage of within the kingdome, hes beene pleased to give warrand and directioun 

copper penny ^ ., ° ^ ^ ^•^. » . . i ^ 

and twopenny for the coynage of ane certane quantitie of copper in penneis and twa 
pieces. pennie peeces to the intent the necessiteis of the poore may be in 

some measure releeved and the intercourse of small commoditeis among 
the commoun people may be the better interteanyed ; for the f orderance 
and advancement of quhilk worke necessar it is that there be a restraint 
of exportatioun of all copper that hes beene in worke for some certane 
space to the intent the same may be sauld to his Majesteis maister 
cunzier for a beginning to this coynage, and that in the meane tyme he 
may have tyme and leasure to make his provisioun and furnishing frome 
beyond sea ; and thairfoir the Lords of Secreit Counsell ordains letters 
to be direct to command, charge and inhibite all his Majesteis lieges 
and subjects be opin proclamatioun at the mercat croces of the heid 
buiTowes of this kingdome and uthers places needfull that nane of thame 
presoome nor take upoun hand to transport furth of this kingdome anie 
old copper that hes beene in worke untill the last day of August nixt, bot 
that tl^ey sell the same, at the least so muche thairof as will serve for 
the coynage foresaid, to the maister of his Majesteis Cunziehous for the 
lyke weight of als good copper or upon suche reasonable pryces as he 
and they can agree, under the pane of confiscatioun of the said copper 
and of the haill remanent of thair moveable goods to- his Majesteis use." 
Act for the « Forsamcckle as by occasioun of the great quantitie of copper money 

machinery of formcrlie wrought in this kingdome the three mylnes and the twa cutters 
the Mint whairwith the same wes wrought ar verie meekle waisted and sindrie 

pairts thairof brokin, Thairfoir the Lords of Secreit Counsell ordains and Foi. 112, b. 
commands the maister of his Majesteis Cunziehous to cans repaire the 
saids three mylnes and twa cuttars sufficientlie with convenient dili- 
gence, and to have thame in readinesse for working of the copper money 
now appointed to be wrought so soone as may be, whereanent thir 
presents sail be unto the said maister of Cunziehous a sufficient 
warrand." 



1629. CHAELES I. 133 

Acu February " Forsameekle as the Lords of Secreit Counsell ar informed that there ^o»i*^ * f"'^ 
1629. ' is ane old ruynous wall within the Cunziehous yaird neere to that pairt Mint-houae 
Foi. 112, b. q{ ^^q Jjq^^ where the copper coyne is to be wrought, whilk wall is lyke b^me dan- 
to fall and to indanger the servants and people repairing to and fra the ^.q^^ *^® 
workehouses, Thairfoir the saids Lords ordanis the maister of his 
Majesteis workes to visite the said ruinous wall and to consider what 
charges and expenses the doun taking and bigging up agane of the said 
wall will require and to make report thairof to the saids Lords to the 
intent directioun may be givin for bigging up of the same aocordinglie." 

"Forsameekle as the Lords of Secreit Coimsell hes tane great panes Act in favour 
and travellis according to the warrand of Parliament for reforming the method of 
abuses in the Tannage and for bringing of that worke to a good perfec- ^^^'^^fif®- 
tioun for the weale of the kingdome, in end after that all parteis having 
interesse wer heard and the objectiouns and difficulteis occurring in that 
mater maturelie considderit and discust the processe wes closed, and 
manie good acts wer made and sett doun for reforming of the saids 
abuses and for introduceing a new forme of tannc^e according to the 
forme used in England and uthers pairts where the mater of the tannage 
is at best perfectioun, whairin there wes greater paines and travellis 
tane be his Majesteis Counsell nor ever wes done in a mater of that 
kynde occurring within this kingdome ; notwithstanding whairof , suche 
hes beene the aversenesse of the people frome embraceing of this refor- 
matioun that nombers of thame, and namelie some of these who wer the 
first projectours and movers of this reformatioun to the Parliament, hes 
by the assistance of the Burrowes opposed thameselffes directlie thair- 
unto, sometymes pretending the difficulteis in the prosecutioun of the new 
forme of tannage and sometymes the insufi&ciencie of the worke wrought 
after that maner, and by thair suggestioims making the mater seeme to 
be ane commoun caus they have brought the intendit reformatioun in 
distaist. For cleering of quhilks mistakings and discovering of the 
partialitie and iniquitie thairof groundit upoun the objectioun of the 
Fo?. lis, a. insufficiencie of the new forme of tannage the undertaker of this refor- 
matioun interprysed the setting up of a tanning hous for giving proofie 
of the good flowing frome this reformatioun, and by the assayes tane of 
the worke wrought thairin after the new forme of tannage it is found 
by these who wer intrusted thairwith that the hydes produced, quhilks 
were Scotish hydes and barked with Scotish barke, were als good 
tanned ledder and wrought at als easie pryces as anie tanned ledder 
brought frome England. And whereas now all is done that by 
skill or industrie may give unto the people satisfactioun in this 
bussines, yitt they out of thair preoccupyed opinions without ground, 
modestie or reasoun, doe still stand out aganis the same and continewis 
refractarie thairto, and by aU the subtiliteis and shifts that they can 
devise they doe what in thame lyes to frustrat and disappoint this good 
worke quhilk is knowin by proofFe to be verie profitable to the oountrie ; 



134 REGISTER OF THE COUNCIL. 1629. 

and this lait intennisBioun of tyme whairin the mater hes beene in^Febmiiy 
dependance hes bred ane opinioun in the hearts of the c^mmoun people ie29. 
that this intended refonnatioun wes altogidder cassin afif, whairupon^^^*^^^''' 
sindrie hes tane the boldnesse without controhnent to misknow the 
whole acts formerlie made with the course and ordour so wyselie 
prescryved and sett doun be his Majesteis CounseU for prosecutioun of 
this bussines : And thairfoir the Lords of Secreit Counsell hes thought 
meit heirby to intimat and declare to all his Majesteis lieges and 
subjects that they will have the course and ordour prescryved and 
established be thame after so long advice and mature deliberatioun for 
reforming the abuse of the tannage to be prosecute and followed out in 
all points, and that the acts and ordinances of Counsell and proclama- 
tiouns following thairupoun made to this effect sail ressave executioun 
accordinglie als weill aganis the proper and native ledder of the 
kingdome as aganis all forrane ledder that sail be broi^ht within the 
same, and that both the proper and forrane ledder sail be subject to the 
ordour of the scale, and that the panes of confiscatioun and other panes 
mentioned in the former acts saU be inflicted upoun the contraveenners 
without favour ; with this additioun that in the point of searcheing and 
seeking for anie hydes that ar concealed, presented to mercat or putt in 
worke without the scale, power is heirby givin to these whome it 
concemes and to whois charge the executioun of that point of service 
is committed by the former acts made to this effect, to make opin doores 
and to use his Majesteis keyes, whereanent thir presents sail be unto 
thame a sufficient warrand ; and ordains letters to be direct charging 
officiars of armes to pas to the mercat croces of the heid burrowes of 
this kingdome, and there be opin proclamatioun to make publicatioun of 
the premisses whairthrow nane pretend ignorance of the same ; and to 
command and charge all his Majesteis lieges and subjects whome these 
presents doe or may concerne to conf orme thameselfFes to the forme and Foi. lis, b. 
ordour of tanning prescryved be the acts and ordinances made and sett 
doun for this eflfect, and onnawayes to violat the same under the panes 
conteanit in the saids acts ; and to command and charge all mt^trats, 
als weill to burgh as to land, to give thair effauld and dew concurrence 
to the officiars having the charge of this worke in all and everie thing 
that concemes the forderance and advancement of the same, als weill in 
making of searche and tryell where anie hydes ar concealed, presented 
to mercat, sauld and putt in worke without the scale and in confiscating 
the same accordinglie, as in making of opin doores and using of his 
Majesteis keyes, as the saids magistrats and everie ane of thame will 
answere upon thair obedience at thair highest charge and perrell: 
certifeing alsua all suche magistrats to burgh and land who sail refuise 
to give thair trew and effauld concurrence in the premisses that it sail 
be lawfull to the others persouns to whois charge the making of the 



1629. CHAELES I. 135 

AdftFebmaiysaid searcho and tryell of concealed and unsealed hydes does perteane to 

1829. °^ make the said searche and make opin doores and use his Majesteis 

roi 118, b. teyes als freelie and lawfullie as if the saids magistrats who sail refnise 

thair concurrence had dewtifullie and effauldlie givin thair said 

concurrence in maner foresaid." 

"Forsameekle as the Kings Majestic being petitioned in name of the Direction to 
maissons, wrights and others thair dependances within the burgh ofgjonerao™"^ 
Dundie, that they might have the libertie to choose ane deacoun, as the fj^^e*and 
rest of the free burro wes within this kingdome hes, for the better report whether 
reforming of abuses amongs thame, his Majestic was graciouslie pleased tha^^he^'^ 
to remitt the consideratioun of the said petitioun to the Lords of SecreitJJ^^I and 
Counsell, who having ab lenth heard the commissioner for the burgh of o*i>«"o^J>«'i- 
Dundee, on the ane pairt, and Johne Mill, maisoun in Dundee, who receive the 
compeired in name of the saids petitioners, on the other pairt; and the Ji^^^V' 
saids Lords being weill advised with all that wes propoimed and alledgit^jg'*^'^®^ 
be thame hinc inde thereanent, and understanding that the generallseean^,p.i27. 
Conventioun of the Burrowes is to be keeped shortlie at the burgh of 
Culrois and to beginne, God willing, upoun the first Tuisday of Julij 
nixtocome ; and whereas they ar best acquainted with suche maters as 
concemes the weale of the Burrowes, thairfoir the saids Lords hes recom- 
mendit, and be the tennour heirof recommends to the commissioners for 
the Burrowes to be assembled at the said meeting the consideratioun of 
the desire of the saids petitioners and the reasouns to be givin in be 
thame for that purpois with the arguments and reasouns to be propouned 
Fol 114, a. be the magistrats of the said burgh of Dundee and thair commissioners 
aganis the desire of the said petitioun ; and that they inf orme thameselfifes 
trewlie and suf&cientlie anent the expediencie or inconveniencie of the 
said petitioun and report thair opinioun thairanent to the saids Lords 
upoun the first Thurisday after the dissolving of thair conventioun, to 
the intent the saids Lords may take forder ordour thairin as accords. 
Followes his Majesteis missive abonewrittin — Chables R, Bight trustie 
and right weilbelovit cousine and counsellour, right trustie and weil- 
belovit cousines and counsellours, and trustie and weilbelovit counsellours, 
we greete yow weilL Whereas we have beene humbelie petitiouned in 
name of the maissons, wrights and others thair dependances within our 
buigh of Dundee that Xhey may have the like libertie as the rest of our 
free burrowes within that our kingdome have to choose and create among 
thameselffes a deacoun for the weale of the saids crafts and the better 
reforming of abuses thairin, though we perceave no inconvenience by 
granting thairof, yitt least the samine sould be prejudiciall to the rest of 
our free burrowes there we have thought good to remitt the same to your 
consideratioun; and therefore our pleasure is that yow enforme your 
selfFe of the trew estate thairof, and if yow sail finde the samine requisite 
to be done and for the weale of the saids crafts and no wise to prejudge 



136 REGISTER OF THE COUNCIL. 1629. 

the rest of our free burrowes there that thereafter yow caus our Advocat Acta February 
forme, draw up and dockat suche a signatoure as we may signe and grant i629. ^ 
to thame hereupoun for choosing of thair said deacoun whereby in tyme ^^^ ^^^ ^ 
comming the saids abuses may be reformed ; and for your so doing these 
presents sail be unto yow a suflBcient warrand. Frome our Court at 
Whitehall the sixteenth day of Februarie 1629." 
Wamnt to "The Lords of Secreit Counsell according to ane warrand and directioun 

Henderson to in writt signc^ be the Kings Majestie and this day presented unto 
1^ meiTfor*' thamc givcs and grants commissioun and warrand be thir presents to 
serv^ under M' Alexander Hamiltoun ta levey and take up twelflfe hundrethe men 
Sweden. out of all suchc pcrsons within this kingdome as he sail find willing to 
serve under him, and to conduct and to transporte thame towards Sw^en 
for ayding of his Majesteis darrest brother, the King of Sweden, in his 
warres; with power to the said M' Alexander to nominat and appoint 
captans, commanders and others officiars and members neidfull over the 
said regiment, and to caus towcke drwmmes, display cuUours, and to doe 
and performe all and everie other thing that towards the furtherance of 
thir leveyes ar requisite : Firme and stable balding and for to bald all 
and whatsomever things sail be lawf ullie done heerin, the said M' FoU 114, b. 
Alexander alwayes givand suche satisfactioun to everie ane of the said 
nomber as sail be agreed upon betuix him and thame according to the 
custome in the lyke caises ; commanding heirby all magistrats to burgh 
and land to concurre and assist the said M' Alexander in the lifting and 
transporting of the said regiment ; and if anie pei-sons who sail inroll 
thameselffes and ressave pay, sail thairafter disband and leave thair 
cuUours, that the saids magistrats upon complaint to be made heirof to 
thame be the said M' Alexander his captans, officiars or commanders doe 
justice accordinglie. Followes his Majesteis missive for warrand of the 
act abonewrittin : — Charles R., Right trustie and weilbelovit cousine 
and counsellour, right trustie and weilbelovit cousines and coun- 
sellours, right trustie and weilbelovit counsellours, and trustie and 
weilbelovit counsellours, we greete yow weilL Having intentioun 
upon verie good considerations at this tyme to aide our brother, the 
King of Sweden, with suche forces as we can spare frome all our 
kingdomes, and being willing to fumishe him with some regiments of 
men frome thence, our pleasure is that yow grant unto our trustie and 
weilbelovit M' Alexander Hamiltoun a commissioun with a sufficient 
warrand to levey and transport thither twelve hundrethe men out of all 
suche persons of that our kingdome as he sail find willing to goe with 
him thither ; granting him libertie to towke drwmmes for that purpose, 
with als large priviledges as anie other hath had heretofore in the lyke 
kynde, he alwayes giving suche satisfactioun to everie one of the said 
nomber as sail be agreed upon betuix him and thame, according to the 
former custome in the lyke caises. For doing whereof these presents 



1629. CHARLES I. 137 

Ada Febrnary sail be unto jow ane Sufficient warrand. Frome our Court at Whitehall 

{^"^^ the nynth day of Apryle 1629."^ 

FoL 114, V. « Forsameekle as the day of Apryle instant is appointed to Warrant for 

Johne Weir of Clenockedyke and Tssobell Tueddall, his spous, for thairjohnWeirof 
compeirance before his Majesteis Justice and his deputs in the tolbuith ^'^'^ j^^i^^® 
of Edinburgh to underly the law for the abominable cryme of incest ^weeddaie, 
committit be thame, for the quhilk they ar alreadie ordourlie and law- accused of 
fuUie excommunicat ; and whereas suche detestable crymes procures the*"^®^* 
heavie wrath and displeasure of God aganis the whole natioun, thairfoir 
the Lords of Secreit Counsell ordains and commands his Majesteis 
Advocat to persew the said persouns for the cryme foresaid the day 
abonewrittin according to the dewtie of his office, and ordains his 
Majesteis Justice and his deputs to proceid to the tryell of the same 
persons for the said cryme, and if they be convict thairof to cans pro- 
nunce doome and sentence aganis thame conforme to the lawes of this 
realme, and to superseid the executioun of the doome and sentence 

Foi. 115, a. untill the last day of Julij nixtocome, committing thame to waird in the 
meane tyme in the tolbuith of Edinburgh till forder directioun be givin 
concerning thame as accords." 

" The Lords of Secreit Counsell according to ane warrand and direc- Warrant to Sir 
tioun in writt signed by the Kings Majestic and this day presented unto to levy a force 
thame gives and grants commissioun and warrand be thir presents tOj^j?^^™®*^ 
Sir Johne Meldruin to levey and take up twelve hundreth men out of ^^^^ ^^o 
all suche persons within this kingdome as he sail find willing to serve Sweden. 
under him, and to conduct and transporte thame towards Sweden for 
ayding his Majesteis darrest brother, the King of Sweden, in his warres ; 
with power to the said Sir Johne to nominat and appoint captans, 
commanders and uthers officiars and members neidfull over the said 
regiment and to cans towke drwmmes, displey cullours, and to 
doe and performe all and everie other thing that towards the furtherance 
of thii* leveyes ar requisite : Firme and stable balding and for to hald 
all and whatsumever thing sail be lawfullie done heerin, the said Sir 
Johne alwayes givand suche satisfactioun to everie ane of the said nomber 
as sail be forced upon betuix him and thame according to the custome 
in the lyke caises; commanding heereby all magistrats to burgh and 
land to concurre and assist the said Sir Johne, his captains, commanders 
and officiars in the lifting and transporting of the said regiment ; and if 
anie persouns who sail inroll thame selfTes and ressave pay sail thair- 
after disband and leave thair cullours, that the said magistrats upon 

^ On March 19, 1629, the Emperor Ferdinand every other Protestant Power. At the urgent 

had iflmed the famous Edict of Restitution instance of Guatavus Adolphus, therefore, 

which transferred to the Catholic clergy the Charles had consented to lend what assistance 

bishoprics and abbeys of Northern Germany he could towards averting the common danger, 

that had long been in possession of Protestant Hence the above letter to the Scottish Privy 

laymen. This was a menace to North German Council. 
Protestantism which touched the interests of 



138 REGISTER OF THE COUNCIL. 1629. 

I 
complaint to be made heirof to thame be the said Sir Johne, his captana, A.cta Febmaiy 

ofBciars and commanders, doe justice thairin accordinglie. FoUowes hisie29. ^ 
Majesteis missive for warrand of the act abonewrittin : — Charles 1^.,^°^ i^^**- 
Right trustie and weilbelovit cousine and counsellour, right trustie and 
weilbelovit cousins -and counsellours, right trustie and weilbelovit coun- 
sellours, and trustie and weilbelovit counsellours, we greete yow weilL 
Having intention upon verie good considerations at this tyme to ayde 
our brother, the King of Sweden, with suche forces as we can con- 
venientlie spare frome all our kingdomes, and being willing to fumishe 
him frome thence with some regiments of men, our pleasure is that yow 
grant unto our trustie and weilbelovit Sir Johne Meldrum, knight, a 
commissioun with a sufficient warrand to levey and transport thither 
twelve hundreth men out of all suche persons within that our kingdome ' 

as he sail finde willing to goe with him thither; granting him 
libertie to towke drwmmes for that purpose, with als laige priviledges 
as anie other hes had heeretofore in the lyke kynde, he alwayes giving i 

suche satisfactioun to everie one of the said nomber as saU be agreed i 

upoun betuix him and thame according to the former custome in the lyke i 

caises, for doing whereof these presents sail be unto yow a sufficient ' 

warrand. Frome our Court at Whitehall the nynth day of Apryle 
1629." 
SweSJn ^* " Forsameekill as the Shirefif of Edinburgh and some of the Justices FoU 115, b. 
baroiu, and of Pcacc within the said shiref dome, commissioners nominat be the Lords 
^Se Sheriff- of Privie Couusell for sighting of the hie wayes and passages within the 
b^h'f^the l^oimds of the shirefdome of Edinburgh throw the quhilks his Majestic 
repairing of ig to travell and for causing the same to be enlarged and mendit and 
view of ids made passable for hors and coaches, they have verie ordourlie and 
Majesty's Yiait.j^^^^£^^^ procecdit in this bussines and hes made, prescryved, and sett 
doun the forme and ordour how the said wayes sail be enlarged and 
mended, as namelie, they have found that the hie way betuix the Wakers 
Hole at S* Ninians Raw at Leith Wynde foote sail be enlarged, helped, 
and mended be the inhabitants of the parochins following as is after 
divydit, viz., fra the east end of the Lang G«dt to the Cowt Bridge, and 
fra the calsey end at the West Port thairto be the parochiners of S* 
Cuthberts at the sight of the Laird of Braid and Sir Williame Nisbitt ; 
and fra the Cowt Bridge to the Ferrie Grait be west Corstorphine, be 
the parochins of Corstorphine, Crawmond, Hales and Currie at the 
sight of the Lairds of Corstorphine, Colintoun, Gogar and Graycruik ; 
and fra the Ferrie Gait to the Water of Almound be the parochins of 
Rathow, Eirknewtoun, Calder and Kirklistoun on the east side of the 
Water of Almound, quhilk lyes within this shirefdome, at the sight of 
Sir Johne Dalmahoy, Alexander Inglis of Rottonraw, and Johne libber- 
toun, baillie of Kirknewtoun ; and that the hie way betuix Clockemylne 
and the Magdalene Bridge is fitt to be helped and mended be the 
inhabitants of the parishes of Restalrig, Duddingstoun, Inneresk, Libber- 



1629. CHAELES L 139 

Agta FebroAiy toun and NatouB, at the sight of Henrie Nisbitt, portioner of Eestalrig, 
1629. ^ Thomas Thomsoun of Duddingstoun, Hay of Montoun, James 

Foi. 116, b. jjjg ^f Carbarrie, and bailleis of Mussilburgh, persoxms thought fitt to be 
overseers of the said worke ; and they find it expedient that the inhabi- 
tants within the parishes foresaids sould come to the repairing of the 
saids hiewayes, furnished with mattockes, gavelockes, hurlebarrowes, 
uther barrowes, schuills, creills, skulls and uthers necessarie instruments 
fitt for repairing of the saids wayes, and that they sould follow furth, 
performe, and fulfill suche ordour and injimctiouns as sail be sett doun 
to thame thereanent be the saids overseers ; as alsua they find that the 
peece way betuix the corse calsey be north S* Cuthberts Kirk and the 
West Port of Edinburgh aucht and sould be mendit be the burgh of 
Edinburgh as in ane act made to this effect at lenth is conteanit. And 
whereas the saids commissioners hes tane so great paines and travellis in 
this bussines and hes so wiselie and moderatlie prescryved and sett doun 
the forme and ordour how the saids passages and wayes sail be mendit 
and enlarged, as said is, necessar it is that the course prescryved be 
thame be followed out be these whome it apperteannes ; and thairfoir 
Fc^ ii«, a. ordains letters to be direct charging all and sindrie noblemen, baroims 
and parochiners unto whome the charge of this service is injoynned that 
they and everie ane of thame for thair awin pairts doe and performe that 
point of dewtie in the said service whilk to thame apperteannes and 
whilk is injoynned unto thame, and that they make no shift, excuse nor 
delay upon whatsomever cullour or pretext as they and ilke ane of thame 
will answere upoun the contrane at thair highest perrell, and under the 
pane to be callit, persewed and punished in thair persouns and goods at 
the arbitrement of his Majesteis Counsell, as hinderers of his Majesteis 
service and contemners and disobeyers of his Majesteis royall 
commandement." 

"Forsameekle as the Justices of Peace within the shirefdome of ChuTgre for the 
Linlithgow being commandit be the Lords of his Majesteis Privie^^hi^ayB 
Counsell to sight Hie hie wayes and passages within the bounds of the ^eriffdom of 
said shirefdome throw whilks his Majestic is to travell and to cans the Linlithgow. 
same be enlarged and mended and made passable for horses and coaches, 
they have verie ordourlie and discreitlie proceedit in that bussines and hes 
sett doun and prescryved the forme and ordour how the saids wayes sail 
be enlarged and mended ; as namelie, they ordained that the way up 
the water edge, whilk hes a great gape at the east foote of the brae, sail 
be mended be the Erie of Wintoun and his tennents, and that they make 
the whole way up the brae on the water side plaine by taking doun of 
the knowis ; and siclyke they ordained that the said Erie and his 
tennents sould caus sticke in staikes at a dangerous nuike on the head 
of the brae on everie side thairof that men may eshew the danger of the 
same, as alsua that the said Erie and his tennents caus enlarge and 
mend the rest of the way fra the water to the touu of Kirklistoun and 



140 REGISTER OF THE COUNCIL. 1629. 

throw the toun to the mylne of Kirklistoun, and to make the same Acta February 
passable, and to remove all knowes and other impediments ather by eird, i629. 
stones great or small ; and f ra the said mylne west throw the lands per- ^°^' ^^^' ** 
teaning to Johne Dundas of Newlistoun that they be mended and 
enlarged be the said Johne and his tennents ; and f ra the said Johnes 
lands to the lands of Wincheburgh perteaning to the said Erie of 
Wintoun, that they be mendit and enlai'ged be him and his tennents ; 
and f ra Wincheburgh to Aid Cathiemure perteaning to the Erie of Had- 
intoun that they be mendit and enlarged be him and his tennents ; and I 

fra the said Erie's lands to the lands perteaning to the Lord Rosse to be 
mendit be him and his tennents throw his whole lands to the lands of i 

Kincavell perteaning to M' Alexander Bruce to be mendit be him and 
his tennents throw his lands to the lands of Magdalens ; and they 
ordained M' Williame Powrie to mend the hieway foranent his land of 
Witcocksholme ; and they ordained Sir Johne Hamiltoun of Magdalens, 
Clerk of Register, to mend and enlarge his lands of Magdalens throw the 
same whole lands till they come to the -lands perteaning to the Foi. 116, b. 
burgesses of Linlithgow ; whilks lands they ordained to be repaired be 
the burgh of Linlithgow till they come to the East Port thairof ; and i 

they ordained the said hie way to be made suflBcient and passable for | 

coaches and hors throw the whole bounds thairof by removing of all 
knowes and other impediments that may hinder the same ather by 
stones great or small ar any other way whatsomever ; and they ordained 
the Justices of Peace in everie parish within the saids bounds ilke ane 
within thair awin boimds to be overseers of this worke and to see the 
same putt in executioun as ane act made to this effect beiris. And 
whereas the saids commissioners hes tane so great panes and traveUis," 
[etc., as in the previous Act]. 
Direction for "Forsameckle as the commissioners nominat be the Lords of Secreit 

the repair of 

the highways CounscU for sighting of the hie way betuix Falkland and Perth and for 
landfmdPertiLP^^^^^^T^^g ^^ ^^^ ordour and rule how the same sail be enlarged and 
mended and made passable for horses and coaches for his Majesteis more 
sure and saulffe travelling that way the saids commissioners hes 
prescryved and sett doun the ordour following, to witt, — that the hieway 
betuix Falkland and the craig of Pittinbrog sail be enlarged and mended 
be the parochiners of Stramiglo and Auchtermuchtie at the sight and 
be directioun of the Lord Burley, M' Andrew Murrey, fear of Balvaird, 
the Laird of Pitloure, the provest of Auchtermuchtie, and George 
Moncreif of Redie ; and that the way betuix the craig of Pittinbrog and the 
Bridge of Erne sail be mendit be the parochiners of Amgosk, Abimethie 
and Dron at the sight and directioun of Sir George Afleck of Balmanno, 
Williame Afleck, his sone, the said Laird of Balvaird, and David 
Carmichaell of Balmedie ; and that the way betuix the Bridge of Erne 
and the burgh of Perth sail be enlarged and mended be the parochiners of FoL 117, a. 
Pumbamie, Aberdagie, lin, Mailler and that pairt of the parish of Perth 



1629. CHAKLES I. 141 

Arta Fehmary lying besouth the burgh of Perth at the oversight and directioun of the 

ie29. ^ Lord Chanceller his chamberlane, the Laird of Moncreiff, the Baroun of 

FoL 117, a. Fingas, and Williame Blair of Tarsaffie, as in the report made to this effect 

at lenth is conteanit. And whereas the saids commissioners hes tane so 

great panes and travellis in this bussines," [etc., as in the preceding 

Acts]. 

"Forsameeldll as the commissioners nominat be the Lords of Secreit Direction for 
CounseU for sighting of the hie way betnix Dumfermeline and Falkland and the w^ays 
for making the same passable for horses and coaches and for his^^^Une^ 
Majesteis more sure and saulffe journeying that way hes givin in thair Falkland. 
report to the saids Lords, bearing that the way betuix Dumfermline and 
Maistertons Brae is exceeding good, hot frome that east to the old Bridge 
of Or there wer some pairts whilks required helpe, and betuix the old 
Bridge and Kinglassie that there wer some pairts that required to be bett 
and helped, and that frome that to Falkland the way is exceeding good ; 
and they ordained that thir defects in the way sail be mended and helped 
be the parochiners of Auchterdirrane at the sight and be directioun of 
the Lord Burlie as the report made to this effect beiris. And whereas 
the saids commissioners hes tane so great panes and travellis in this 
bussines," [etc., as in the preceding Acts]. 

i>ecreta, [Sederunt as recorded above.] Hoiyrood 

NoT«mber ^ -* House, 15th 

IVZi-Jannmrj April 1629. 

fS?"i96 a. Complaint by James Mureheid of Lawchop, as follows: — Umphra Cahowne Oompiamt by 
of Bavie, his son-in-law, having married Margaret Somervell, his wife's head of Law- 
daughter, and " being ane ordinarie in the compleaners hous and at his HumpSey^* 
table, and als f arre respected be him in all kynde of dewteis of love and S°W^gVf °' 
freindship as possiblie anie man could respect his sone-in-law, and the in-law, for 
compleaner reposing als great trust and confidence in him as in anie ^pen from 
persoun whatsomever upoun the assurance of a reciprocke correspondence *|^^™g 
of mutuall dewteis on his pairt, he had a full auctoritie over the com- charter-chest. 
pleaners hous, and nothing that wes thairin wes concealed or hid frome 
him, yea not so muche as his chartour kist." But abusing this confidence, 
the said Umphra lately "finding the compleaners hous within the burgh of 
Edinburgh, where he now loodges, quyet and his chartour kist unlocked, 
he opened the same, taking inspectioun of all his evidents, letters and 
papers being thairin," picked out such as he thought would benefit him- 

FoL W6, h. self and hurt the complainer, and carried them away. Amongst others 
there was " ane booke whairin wes pimctuallie writtin and sett doun the 
haill burdeins and distresses lying upon the living of Somervell, and 
whairof the compleaner and some other freinds of that hous wer bound 
to releeve the Erie of Mar, of the quhilk booke everie page and leaffe 
wes marked and subscryved be the lait Lord Somervell and the said 
Erie, the abstracting of quhilk booke will draw upon the compleaner and 
others warrandice of these distresses." When the complainer missed 



142 REGISTER OP THE COUNCIL. 1629. 

the book, he suspected and challenged his son-in-law about it, whoDecwt^ 
acknowledged he had it, but "upon some frivolous excuses refused i627->J8nTuiry 
redely verie." Unwilling to enter into process with one " so neerelie jiq^ iw, b. 
linked in strictest bonds of freindship," he tried intreaties and all fair 
and lawful means that he could, but without success, and the said 
Umphra still detains it and others of his writs, intending apparently to 
bring the said warrandice of the Somervell burdens upon him, which is 
a burden he is not able for, and will ruin his estate and family. Chaige 
having been given to the said Umphra, who compeared, along with the 
pursuer, and confessed that he had the said book, but denied upon oath 
having any other of the pursuer's evidents, the Lords ordain him toFoLi97,a. 
deliver the said book to James Prymrois, Clerk of Council, before Satur- 
day next at night that it may remain in his hands and be forthcoming 
to all parties interested. 
M<kie«to/iSd Petition by the moderator and brethren of the presbytery of Dalkeith, 
brethren of the as follows : — -Some witchos who lately by warrant of their Lordships were 
DaScelth'Siat tried, couvictcd their upon own confession, and executed, having during 
Md^ntiemen*^®"^ ^^^^ informed upon a number of persons within the said pres- 
p *^b Sf** by tery as " guiltie of the lyke execrable impietie," the supplicants, " to 
may be per- purge the presbytcric of so abominable ane slaunder," thought it their 
Sei^iSonBatd^ty ^ ^itc and examine such suspected persons. In former trials 
Se ^"titioiwra ^^^b^g ^^ much facilitated their work herein as the favour they had 
forthe warding from the Earl of Morton, of his prison in Dalkeith, but this is now 
accmJ^'of refused to them because the Earl requires it for delinquents within his 
witchcraft, ^y^ regality. In this case the supplicants know no better expedient 
than the authorising of such well -affected noblemen and gentlemen 
within the bounds of the presbytery " as may be moved by thair per- 
swasioun to take in thair custodie and saulffe keeping " such persons as 
the supplicants may request, and they crave that the Lords will 
authorise such to do so without being in danger of the law for the same. 
The Lords, '' for the furtherance of a worke so muche importing Gods 
glorie^ the overthrow of Satans kingdome, punishment of thir wicked 
instruments and the salvatioun of thair soules by bringing of thame to FoL 197, b. 
sense and repentance," grant the authority craved, and dispense with 
acts and statutes which may be to the contrary, but impose upon the 
supplicants the observing of " the custome used in the lyke caisses in 
sending the processe of thir criminalls to thair ordinarie to be seene and 
allowed be him and exhibiting the same thairafter to the saids Lords, to 
the intent accordinglie commissiouns fitting for thair forder tryell and 
punishment may be granted." 
Petition by Sir Petition by Sir James Hamiltoun of Preistfeild, knight, as follows : — 
ton of Priest- By his Majesty's allowance he has lifted a company for the service of 
wl^t to ^^^ ^ing of Sweden, and the men " freelie and willinglie enrolled thame- 
^st^^^diers gelffes under his charge and ressaved his pay," but they have " mischantlie 
deserted his and unwortlulie disbandit and left thair cullours." He therefore craves 

company. 



1629. CHAELES I. 143 

^Knte. a commission to himself and his officers, with the concurrence of some 
]e27-Jaiuurf Ordinary magistrates to burgh and land, to apprehend his fugitive 
Foi.i97,b. soldiers, and commit them to ward till occasion offer for their embarka- 
tion and transport This the Lords grant, it being first proven in pre- 
sence of the said magistrates that the persons apprehended are his 
fugitive soldiers and have received his pay. 

Petition by (Jeorge Lawder of Bas and Dame Isabel Hepbume, his Continuance of 
PoL 198, a. mother, as follows : — ^Their former protection expires on April S^r^e^iAuder 
instant (a7i^«, p. 90), and their business is yet unaccomplished, because jj^^^^j 
their principal party. Sir James Livingstoun, his Majesty's servant, is Hepburn, his 
presently at Court, though they expect his return shortly. They there- 
fore crave a prolongation of their protection. This the Lords grant 
until 15 th June next. 

Complaint by Alexander Keith of Balmure, as follows : — ^He has an Complaint by 
infeftment of the barony of Dunbreck passing the seals, and it was illS^I^Bai- 
Btopped at the Great Seal until he paid £60 for it, which by the Act of j^^*'^^^*^^^^ 
Parliament is the price of three baronies. Having complained to their the barony of 
Lordships last Council day, they, because of the Lord Chancellor's interest ^ ^^ ' 
in the matter, ordained the infeftment to lie in Mr. David Sibbald's 
hands till the Chancellor came home, in which the complainer acquiesces. 
But as there is no certainty when the Chancellor will return, he may 
suffer great prejudice by the want of his infeftment, either by others 
passing the seals before it, or if he should die, his heirs would be greatly 
troubled before they got infeftment, and he cannot remove his tenants 
nor uplift his rents unless there be some remedy provided. Charge 
having been given to the said Mr. David Sibbald to compear and hear 
their Lordships' decision as to what the amount should be according to 
FoL 198, h. Uie j^Qj^ qI Parliament, otherwise to accept £24 as the just amount — 
and the pursuer appearii^ by Eobert Keith, writer, and Mr. David 
Sibbald also compearing, the Lords ordain the latter to deliver the fore- 
said charter and infeftment, the pursuer finding caution to pay to the 
Lord Chancellor, and the said Mr. David Sibbald, keeper of the Great Seal 
under him, such sums as shall be found due to the Chancellor for the 
appending of the Great Seal thereto. 

Petition by the provost and bailies of Edinburgh, as follows : — Li the Petition by the 
last Convention of Estates in October 1625, the Conunissioners for theSST^o?Edin. 
Burghs gave in a petition craving a dischai^e of penal statutes as was^J^^^J^^ 
usual in preceding meetings of the Estates. The Estates, not living o^iP«"^i. 
any warrant from his Majesty in this matter, recommended the same tosaidbuigh. 
himself, who was thereafter petitioned to the same effect by the 
Burghs, whereupon his Majesty was pleased, by his letter to the Council 
dated 3rd March 1627, to direct that no prosecution of transgressors of 
penal statutes for any time preceding should take place in Edinburgh or 
Leith, or the free burghs of the kingdom, unless by his Majesty's special 
FoL 199, b. command Since that time there has been no prosecution of this nature 



144 REGISTEE OF THE COUNCIL. 1629. 

in this town till now the supplicants are informed his Majesty's Advo- Decreta, 

_ . _ t^ 11-1 • ji NoTember 

cate has raised summons agamst over two hundred persons m the town ie27-January 
for breach of some penal statute, though his Majesty has neither by wordp^\99^ ^ 
or writ warranted the same. They therefore crave that the Advocate be 
discharged from this prosecution, as well as all other Justices and Judges, 
in respect of the inhabitants of this town, till his Majesty signify his 
pleasure therein. The Lords grant the prayer of the petition and 
continue all proceedings till warrant be given by the Council or 
Exchequer herein. 
Petition by Petition by James Stevinsoun, burgess of Pittinweyme, master and 

TO ™mMter'^ owner of the ship called The Jaynes of Pittinweyme, as follows : — ^Their 
and owner of Lordships had granted to him, as captain and commander of the said 
"TheSamesof ship, a letter of marque against the public enemy, and Andrew Ainslie, 
for^ cha^e of who was then a partner of the said ship, became cautioner for the 
^^^io^rfpr petitioner that he would use his privilege lawfully. The petitioner has 
now acquired the rights of the said Andrew Ainslie, and of all the other 
partners in the said ship, and is desirous of relieving the said Andrew 
of his cautionry, and will find another. Charge having been given to Foi. IW, b. 
the said Andrew Ainslie, and he compearing, and also the said James 
Simsoun (sic), the Lords relieve the said Andrew of his cautionry and 
ordain James Dowglas of Lugtoun to be received in his place. 
Complaint by Complaint by William Storie, wright in the Cannogait, Thomas Storie, 
ThomMStorie,'hisson, and Patrick Mylne, his servitor, as follows: — On 11th April 
PatoiSc M*1ne i^^^^*'^^ ^^^ ^ai^ Thomas " being in his awin buith of the Cannogait work- 
his servitor, ' ing at the wright craft," James Aittoun, one of the bailies of the Cannogait, 
5^n, bSr " caused all the four oificers of the Cannogait take up f ra M' James 
^^%or^^ Ahanna his yett ane commoun notorious whoore, callit Margaret 
assault. Watsoun, who wes new delyvered of her birth, caryed her to ane 

tennents hous of the said William Storie, his father, who wes working 
his Majesteis worke in the palace of Halyrudhous ; and the said 
Thomas Storie, knowing the manie proclamatiouns made aganis the 
ressavers of suche infamous banished people, went and locked the entrie 
of the close to the said tennents hous, and past backe to his buith 
and labour, whairupon the said baiUie, not being content with the 
shamefull and disgracefull injurie done before, he come in and fell 
upon the compleaner, strake and dang him in sindrie pairts of his 
bodie with his hands and feete, commandit his officers to cane him 
to the tolbuith ; and they being harling and traiUing him through 
the myres and gutters, his said father, hearing thairof, come to the 
said baillie and offered himselfife cautiouner for the said Thomas, his 
sone, to enter him before anie judge or justice seate whatsomever to 
underly his censure for anie wrong committit; noth withstanding 
whairof the said baillie caused take the said William Storie and carie 
him to waird lykewayes, and the said Patrik Mill, his servant; and 
the saids officiars, being drunk, fell upoun the saids compleaners, 



1629. 



CHAELES I. 



145 



Decreta, 
N'orember 
'.'^JT- January 

Fol 200, a. 



Fol. 196, a. 



Kol. 196, b. 



Sedenmta, 

1625-29. 

FoL120,a, 



strake and dang thame, rave thair ruffes, clokes and hatts fra thame, 
and had not failed to have tane thair lyfifes if they had not beene 
hindered be some good nighbours, and thairwith the said baillie 
caused send for forehammers and thairwith dang up the said yett 
and the doore of the said tennents hous, and caused putt in the vyle 
whoore thairin." Charge having been given to the said James 
Aittoun, bailie, and James Dasoun and John Ramsay, officers of the 
Cannogait, and both pursuers and defenders compearing, the Lords 
remitt the whole business to be tried by the bailies of the Cannogait. 

Commission under the Signet to Sir John Hamiltoun of Barganie, Sir Hoiyrood 
James Maxwell of Calderwod, Sir James Lokhart, elder of Lee, William ApS^i629. 
Weir of Stainbyres, John Hamiltoun of Orbestoun, Archibald HamQtoun Commwsion to 
of Halcraig, sheriff depute of Lanerk, Thomas Inglis of Eistscheill, HamUton of 
Gideon Jacke and James Gray, bailies of Lanerk, or any three of them, to otb?«'to Sry^ 
search for, apprehend, ward, and examine Janet Scot in Wicketshaw, ^P"^*^^^J^*" 
Marion Schailer in Law, Janet Weir, spouse to John Wilsoun in Baruch, and others for 
Helen Simsoun in Craignuick, Agnes Adame in Cleghorne, Marion^ 
Aitkine, spouse to Ealph Watsoun in Cleghorne, Isobel Quhyte, spouse to 
Greorge Quhyte in Auchquhren, Beatrix Crichtoun in Kirktoun of 
Dowglas, Margaret Fischer in Stainbyremylne, John Greinscheills in 
Dundreven, Janet Clerksoun'in Cauldlaw, Margaret Sempill in Stra- 
franke, Margaret Hutchesoun, spouse to Thomas Mure in Kirkbanke, 
Margaret Wilsoun, spouse to John Huttoun in Lanerk, James Frame in 
Lanerk, Margaret Haistie in Welgait of Lanerk, and Jean Cleilland in 
Corehouse Mill, who " ar commoun practisers of the detestable crymes of 
witchecraft, using of charmes and inchantments, laying on and taking 
aflF of sicknesses, and uthers devilish practises," as the depositions of 
Isobel Gray, lately " brint for witchecrerft, both before her convictioun and 
at her death," show. Signed by Mar, Hadintoun, Wiutoun, Roxburgh, 
Seafort, Lauderdaill, and Areskine. 

" Ane letter frome his Majestic anent the prorogatioun of the Parlia- better from 
ment and ane act past accordinglie." ^^ Majesty. 

" Ane commissioun and warrand to the provest and baillies of Edin- Case of 
burgh, being assisted with his Majesteis Advocat and the Justice Depute, * 
to examine Jonnett Hoode anent the putting of fyre in a house of Leethe, 
and according as thay find cans to putt hir to tortour." 

"The quhilk day M' Williame Douglas reported to the Counsell that The Earl of 
the Earle of Angus had appointed M' Archibald Watsoun to be^SSSawiof ^ 
pedagogue to his sone. The Lordis ordanis the said M' Archibald to^""^**- 
mak his addresse to M' Andro Ramsay to be examined be him towcheing 
his sufficiencie and soundnes in religioun, and yf neid beis that he be 
chargeit to that effect." 

"Ane charge aganis the Laird of Aytoun, the shireff of Beruik and^J™|^*^ 
baillies of Dunse, to compeir the nixt Counsell day to heir and see thame 
decemit to mak the tolbuith of Dunse patent for ressaveing of prisounaris, 
otherwayes the shireff courtis to be removed to Grenelaw." 

VOL. ni, K 



incendiarism. 



y 



146 REGISTER OF THE COUNCIL. 1629. 

James Grant, " That charges be direct aganis suche as refuisit to concur in the persuite ?S^^*** 
of James Grant " FoL 126, b. 

" The nixt Counsall day to be upoun the secund of Junij." 
Hoi^^5th " Most sacred Soverane, upoun inf ormatioun givin unto us in Royal Letters, 
April 1629. name of the prelats and ministers of the greefife and danger apprehendit poi. leo, b, 
MajMty ** be most pairt of the subjects best afifected to religioun and to your 
SatfSwSf Majesteis obedience for the bypast boldnesse of papists out of the con- 
peraons, who fidcncc they presoome f rome thair receaved and expected protectioun by 
Mt admitted noblcmcn of thair opinioun powerfull in sindrie pairts of the kingdome 
^^cifor^ and too muche strenthenned by thair place in your Counsell, and that 
°^^*^'f th ^*^^® things Weill intendit for establishing your Majesteis obedience 
Kingdom. and uniformitie in religioun ar subtillie crossed ather by the publict 
carij^e or covert wayes of some counsellers thair patrons heere, or by 
the bissie plotts of these of thair qualitie who live neere your Majestie, 
aganis the necessarie and just motions of the prelat attending at Court, 
the solliciting of maters concerning your Majesteis service, and the 
efifaires of the Churche, we have thought it our boundin dewtie humbelie 
to interpone our sensible concurrence to the clergeis desires for prevent- 
ing the future perrell, and humbelie to intreate your sacred Majestie 
gratiouslie to consider how muche papists ar emboldenned when they see 
they have Counsellers, protectours of thair sect, both at your royall Court 
and this table, quhilk your Majestie hes honnoured with the trust of 
mannaging the effaires of this estate. We will not renew old sores, hot 
for preventioim of suche perrellis as are past we will crave leave to 
informe your Majestie that Counsellers, patrons of Poperie, when they wer 
most trusted, graced and benefited by your blessed father of glorious 
memorie, did bring religioun and State in danger of subversioun and 
forrane subjectioun, quhilk makes manie weill affected to thinke that 
we cannot be answerable to God and your Majestie if we sail not offer 
our earnest petitioun to your sacred zeale and wisdome that your 
Majestie may be pleased to give ordour that profest and avowed papists 
have no place in your Counsell, judicatoreis, commissiouns, nor in the 
effaires of this kingdome to be determined at Court, since the devih'sh 
device of equivocatioun hes teached the world how small trust is to be 
givin to the oath of allegeance givin by some powerfull papists, who Foi. I6I, a. 
after thair simulat professioun to the trew religioun have returned to 
their vomite, and ar thairby vehementlie suspected to have dispensatioun 
frome the pope, thair vicedeus on earth, to contraveene all they sweare, 
becaus their oath is extorted, as they pretend, by just feare by suche as 
not being thair lawfuU judges cannot exact of thame anie binding oath 
nor they be tyed in conscience not to equivocat when they sweare in 
that kynde. Your royall father of etemall blessed memorie did wiselie 
foresee the danger of admitting papists to be of his Privie Counsell as 
your Majesteis Secretarie may more particularly relate by warrand of the 
Act of Counsell made for that purpose sent heerewith to him. Your 



1629. CHARLES I. 147 

Majesteis renownned zeale to trew religioun acknowledged with muchei^aiLetters, 
joy and praise by all the professours thairof gives us hope of your Foi. lei, a. 
gratious pardoun for this earnest and most humble petitioun, as we 
dewtifullie promise that we sail ever approve ourselfifes faithfull obeyers 
and to our power executers of your royall commandements, and suppli- 
cants to God for your long, happie and glorious lyfiFe and raigne, and 
sal] constantlie remaine, etc. Halyrudhous 15 AprUis. Subscribitur, 
Mar, Hadinton, Winton, Eoxburgh, Seafort, Lauderdaill, Lome, Areskine, 
Melvill, Hamiltoun, S' Thomas Hope, S. G. Elphinstone/' 
HoSTisth " Most sacred Soverane, There wes a petitioun preferred this day to 
April 1629. the Counsell be Sir James Sinclar of Murkill, knight, showing that he 
Majesty Aoent being imploycd to lift a regiment of three thowsand men for the service 
lndS?f ^^ ^^^ ^^S 0^ Denmarke and having trewlie bestowed the whole 
Murkill, wbo moncycs receaved by him to the intendit use and ingaged his awin 
niac the com- estait for the furtherance thairof, that notwithstanding the service hes 
]^!^^^ miscaried and the nomber of his regiment is not fullie compleited, be 
D*i^Si°' reasoun of some of his captans thair oversight and default in not 
performing the conditiouns of thair undertaking, and of his necessarie 
attendance heere to persew thame and thair cautioners by course of law, 
aganis quhom he hes used all ordinarie executioun bot hes reported no 
benefite thairof in respect of the unlocked for inhabilitie of some of 
thame to discharge thair dewtie and the pretence of others grounded 
upoun the King of Denmarkes letters direct to the Counsell in thair 
favours quhairby they contend and pleade a liberatioun frome thair 
bands; through occasion quhaiiof the companeis sent over be. him ar 
brokin, his estait ruyned, and (which is deerest unto him) his credite 
with the King of Demarke disgracefully forefeytted. This being the 
conditioun of the gentleman, and the truthe thairof with his panefull 
endeavoures and diflSculteis that occurred in the prosecutioun of that 
service being tryed and weill knowin to us all, we have beene moved at 
his humble sute to interpone our humble requeist to your Majestic in 
his behalffe that your Majestic may be pleased to vouchesafe unto him a 
gratious accesse and favourable hearing to propone unto your Majestic 
the reasouns of his desire, that after consideratioun thairof your Majestic 
may (if so yow find it expedient) recommend him over to the King of FoL i6i, b. 
Denmarke in suche maner as yow sail find the merite of the cans and 
the gentleman his distressed estait in justice to require, and so, etc. 
SubscribUur, Mar, Hadinton, Eoxburgh, L. Lome, L. Melvill, Hamiltoun, 
S' Thomas Hoip, S. G. Elphinstoun, James Baillie. Halyrudhous, 15 
AprUis 1629." 



Wfaiiefaan. 
18th April 



" Ghaklbs R, Eight trustie, etc. Having had prooflFe of the afifectioun Foi. 168, b. 



ic». of Sir Eichard Grahame, knycht, to doe us good service, we have thought 

hi^^M? good in regaird thairof and for his further encours^ement and enabling 
desnng the thairunto to advancc him to be o^e of the commissioners for the Middle 



148 REGISTER OF THE COUNCIL. 1629. 

appointment Shires of that our kinffdome. It is thairf oir our pleasure and we doe RoyaiLetters, 

ofSirRichani , . , . ., ^ . j £ j •i.J v 4. u ,1623-82. 

Graham as a neiToy require yow that yow give ordour for admitting him to be one of foL 168, b. 
S*Se Buddie ^^® ^^^® Commissioners and for receaving him as one of that nomber in 
Shirea. maner as is requisite or hes beene accustomed in the lyke caises or 

otherwayes if there be ane necessitie of renewing thair commissioun 
that yow lykewayes give ordour for doing the same that his name may 
be insert thairin ; for doing whairof these presents sail be unto yow ane 
sufficient warrand. Givin at our Court at Whitehall the 18 day of 
Apryle 1629." 

Greenwich, " Charles R., " Right trustie, etc. Whereas it doeth appeare unto us ^^^ ^^» *• 

Letter from ^7 * rcpopt upou a reference granted by our directioun and other the 

hifl Majesty jnclosed papers whiche we have sent yow heerewith that the shippe and 

the Bristol goods mcntiouned in the petitioun ought entirelie and presentlie to be 

restored to its restored unto the petitioner and his owners, our pleasure is after yow 

owners. hoLYe peruscd and examined these papers that yow cans delyver the said 

ean ,p. . gj^jppg ^^^ goods unto thamo, and that with als muche speedie 

expeditioun as lawfullie and convenientlie may be, that they be not putt 

to anie further charge or losse of tyme in seeking quhat is justlie dew 

unto thame ; provyded alwayes that they pay unto us custome for suche 

of these goods as ar sauld there and allowing such reasonable charges as 

have beene imployed by the Admiraltie of that our kingdome. So we 

bid yow fareweill. Givin at our Mannour of Greenewiche the 26 of 

May 1629." 

Hoiyroc^ Sederunt — Treasurer ; Privy Seal ; Wintoun ; Linlithgow ; Seafort ; f^?^^™^ 

June 3629. LaudcrdaiU ; Lome ; Areskine ; Melvill ; Jedburgh ; Naper ; 1629. 

Tracquair ; Clerk of Register ; Advocate ; Justice Clerk ; Sir ^^^' ^^ * 

Johne Scot. 

Act in favour " ForsamcekiU as his sacred Majestic having considderit the charges 

Mar and his^ requisite f or repairing of his castellis and palaces, interteaneing of his 

toucSngtheir ^^^^s^s and mauic uthers great and necessarie charges during the tyme 

disbursements of his abodc in this his ancient and native kingdome of Scotland, to 

Majesty's rcccave his crowne and to hold ane Parliament, whiche of necessitie does 

Kngdom? ^ require present moneyes^ ; and in regaird of his great aflfaires he cannot 

convenientlie affoord the same at this present and that his Majestie 

intends to take suche ane course for leveying of thame that none of his 

subjects can have just cans to compleane nor yitt to suspect his 

royall intentiouns in seing thame at the tyme appointed dewlie repayed, 

his Majestie hes beene pleased to move the Erie of Mar, his Majesteis 

^ Since the beginning of his reign Charles's sat through the spring of 1629 had denied the 

financial difficulties had been steadily increas- legality of tonnage and poundage, and in conae- 

ing. His foreign wars had exhausted the quence these imposts were now being levied in 

treasury and had plunged him in debt. To the teeth of a general opposition, 
add to his troubles the Parliament which had 



1629. CHARLES I. 149 

Acta Pebroary Thesaurar, to borrow these moneyes at this tyme for his service, as 
1629. ^ said is ; and to the eflFect that he nor na uthers who ar or sail be bound 
FoLii7,b. ^^jj him sould anie way suffer for thair aflfectioun to his Majesteis 
service or be in danger of not being payed of what they have or sail 
undeigoe for the same, his Majestic is willing to grant unto thame anie 
assurance they can reasonablie demand or that he can grant for thair 
releefife. Thairfoir his Majestic be his missive letter of the dait at 
Greenewiche the secund of May last bypast hes willed and declared 
that it is his Majesteis pleasure that there be granted unto the said Erie 
of Mar, and these who ar or sail be bound with him anie securitie he 
sail require upon his Majesteis rents, casualiteis or taxatiouns present or 
to come in generall or by particular assignements by Acts of Counsell 
or Exchecker as he sail devise for his and his foresaids securitie, and 
that he be secured in manor foresaid upon anie benefite to be 
payed in to his Majesteis Exchecker for his pairt, arysing be the 
Foi. 118, ft. Commissioun tuicheing the omissiouns and concealements of his rents 
grantit unto Sir Alexander Strauchane, knight and baronnet, his airis 
and assigneyes ; and that all impediments that can aryse to the said 
Erie of Mar and his saids cautioners in thair uptaking the saids assigne- 
ments whairby he or they may be hindered freelie to intromett with the 
same, be removed be the Lords till they be satisfied of all moneyes debursed 
be thame for this purpose with the ordinarie increasse for the same 
induring the tyme of the forbearance thairof. And forsameekle as 
the said Johne, Erie of Mar, hes alreadie lifted and borrowed great 
Bowmes of money, for repairing of his Majesteis castellis and palaces 
and for furnishings and provisiouns during his Majesteis remaining 
within this his ancient kingdome, and hes givin band to the persons 
fra whome the samine wes uplifted, whairin he himself, Johne, Lord 
Areskine, and James, Erie of Buchane, his sonnes, with ane nomber 
of uther freinds ar bound and obleist for repayment of the same 
and annuelrent thairof, lykeas he is of intentioun still to imploy 
the said Johne, Lord Areskine, and James, Erie of Buchan, with 
others, his freinds, in the leveying of the rest of the moneyes that sail 
be necessar for that service, Thairfoir and to the effect that the said 
Johne, Erie of Mar, Johne, Lord Areskine, and James, Erie of Buchane, 
and thair freinds and cautioners who ar or sail be bound with thame 
or for thame may be secured of the saids moneyes and annuelrent 
thairof, conforme to the command and desire of his Majesteis letter, the 
Lords of Secreit Counsell ordains the said Johne, Erie of Mar, Johne, 
Lord Areskine, James, Erie of Buchane, thair airis and executours for 
thameselfifes and in name of thair saids freinds and cautioners alreadie 
bound or who sail be bound for or with thame to be payed and 
satisfied of all sowmes of money alreadie furnished and debursed or 
to be furnished and debursed by thame for and upon the repairing 
of his Majesteis castellis and palaces and for or upon his Majesteis 



150 REGISTER OF THE COUNCIL. 1629. 

provisiouns and all uthers furnishings and preparatiouns for his Majesteis^^ J*"»wy 
receptioun within this his ancient kingdome for receaving of the crowne 1629. 
thairof , and for the maintenance, interteanement and furnishings of his ^ * *^ 
Majestie and his royall houshold and all uthers debursements that sail 
be requisite induring the tyme of his Majesteis abode within the 
kingdome, and of the annuel rent of the saids sowmes, at ten of the 
hundreth fra the tjme of the uplifting thairof for his Majesteis use 
foresaid to the tyme of the repayment of the samine, according to 
the accompts thairof frome tyme to tjrme to be made, givin up and 
verified be the said Erie of Mar to the Lords Auditors of his Majesteis 
Exchecker and allowance thairof to be made be the saids Lords, and 
that out of the first and readiest of his Majesteis rents and casualiteis 
of the Thesaurarie, ComptroUerie, Collectorie and Thesaurarie of New ^oi- 1^^, b. 
Augmentatiouns of the said kingdome of all yeeres restand unpayed 
and yeerlie in tyme comming, and furth of all and whatsomever his 
Majesteis rents present or to come, and whilks sail accresse unto 
his Majestie and to his Hienesse crowne be whatsomever maner of 
way, and als furth of whatsomever taxatiouns alreadie graunted or 
to be granted to his Majestie be the Estats of the kingdome, and 
furth of the concealed money of the taxatiouns bygane, and furth of 
whatsomever benefite arysing to his Majestie by the Commission 
grantit to Sir Alexander Strauchane of Thornetoun, knight baronnet. 
And the saids Lords of Secreit Counsell according to his Majesteis 
warrand foresaid assignes the whole rents, casualiteis and uthers fore- 
saids to the said Erie of Mar and his saids sones and thair foresaids of 
all yeeres bygane restand auchtand and yeerelie in tyme comming 
ay and whill they be fullie satisfied and payed and releveed of the 
foresaids sowmes lifted and debursed or to be lifted and deborsed be 
the said Erie of Mar for and in respect of his Majesteis provisiouns 
foresaids and of all charges belonging to his Majesteis interteanement 
during his abode in this his kingdome ; and declairs that it sail be lawfull 
unto thame to reteane the saids rents, casualiteis and uthers foresaids in 
thair awin hands, and to be fred of all payment of whatsomever precepts 
or pensiouns directed or to be directed be his Majestie in favours of what- 
somever person or persons furth of the samine untill the tyme they be 
first satisfied of the foresaids sowmes, and decernes thame to be 
preferred in payment to all persons whatsomever, and thairfoir ordains 
the Thesaurar, principall and depute and under receavers being for the 
tyme, and all collectours of taxatiouns and others having interesse 
thairin, and Sir Alexander Strauchane of Thornetoun, for anie benefite 
to be payed in to his Majesteis Exchecker for his Majesteis pairt 
arysing be vertew of his commissioun tuicheing the omissiouns and con- 
cealements of his Majesteis rents grantit unto the said Sir Alexander 
Strauchane, his airis and assigneyes, to answer, obey and make thanke- 
full payment to the said Johne, Erie of Mar, Johne, Lord Areskine, 



1629. CHAELES I. 151 

AcUPebraary James, Erie of Buchan, his saids sonnes and thair foresaids of the saids 
1529. whole rents, casualiteis, taxatiouns and uthers foresaids ay and whill 

FoL 118, h. Ujgy Y}e fuUie paid of the haill sowmes in maner foresaid and annuel 
rents of the same." 

" Forsameekle as the subcommissioners nominat and entrusted with Charge i^nst 
the valuatiouns of the lands and teinds throughout the severall aJI^c'i'erks^to^ 
FoL 119, a. presbytereis of this kingdome, having according to the power and *^® ".J^**^™- 
warrand of thair commissioun made choise of some certane persons to 
be procuratours fiscall and clerkes at thair meetings, and it being 
expected that thir persons chosin for suche ane publict charge sould 
have dewtifullie accepted the charge upon thame and carefullie and 
diligentlie execute the same, notwithstanding diverse of thame hes most 
undewtifullie refuised the said imployment and sua does what in thame 
lyes to frustrat and disappoint this great service whilk so neerelie 
imports the publict and generall weale of the kingdome, Thairfoir the 
Lords of Secreit Counsell ordains letters to be direct chai^ng all and 
sindrie persouns nominat to be procuratours fiscalls and clerkes to the 
saids subcommissioners and all suche officiars of armes as sail be 
imployed in this service be thair names in speciall as they sail be 
required thairto to accept the said charge and service in and upon 
thame and carefullie and dewtifullie to attend the same and to doe and 
performe that whilk to thair charge and places apperteanes within sax 
dayes after the charge under the pane of rebellioun, etc. and if they 
failyie, to denunce and escheate, etc." 

The whilk day the letter underwrittin signed be the Kings Majestic Act anent the 
in favours of the patentees for making of y ron cannon wes presented to making of 
the Lords of Secreit Counsell and read in thair audience, of the quhilk ^'^°°' 
the tennour followes : — " Charles R, Eight trustie and weilbelovit cousine 
and counsellour, right trustie and weilbelovit cousines and counsellours, 
and trustie and weilbelovit counsellours, we greete yow weill. We 
are informed by the patentees for making of yron cannon there 
that the workes, being now begun and in good way to continew, may 
notwithstanding in ane short space be ather abased in goodnes or 
possiblie interrupted for want of boig myne, if it sould not be upon 
occasioun suppleed frome the nixt nighbouring places ; we thairfoir out 
of our princelie care toward the strenth and ornament of that our 
kingdome being willing that suche publict good workes sould continew 
have thought fitt to require yow frome tyme to tyme as occasioun sail 
require to authorize the saids patentees by commissioun frome yow for 
freelie taking and transporting the said boig myne (as belonging unto us) 
wheresoever it may be found, hot so as the proprietars be satisfied for 
breaking of their ground at the sight of the neerest justices of our peace 
or others as yow sail thinke fittest ; whairin not doubting of your care 
^oJ. iw, b. and diligence we bid yow fareweill. Givin at our Court at Whitehall 



152 REGISTER OP THE COUNCIL 1629. 

this 27 of Marche 1629."^ Quhilk letter being read, heard and con- Acta Pebmary 
sidderit be the saids Lords and they rypelie advised thairwith, the Lords i629. ^ 
of Secreit Connsell ordains the patentees to deale with suche persons ^^^ ^^^* ^' 
within whois bounds there is anie boig myne, and if they cannot agree 
that they call the saids parteis before the Counsell. 

Hoiyrood [Sederunt as recorded above.] S°!!!?,?L, 

House, 2nd *■ -^ t?S!l®'?°" 

June 1629. 1027-January 

Petition by Petition by Col. Alexander Hamiltoun, and Sir James Hamiltoun of foL '200, a. 

anderHamil- Preistfeild, knight, Lieutenant-Colonel to Sir John Meldrum, as follows: 

fo?a^wi^T* — H^s Majesty was pleased to authorise the said colonels, and their 

*o arrest captains, commanders and officers to raise two regiments of men for the 

have deserted servicc of the king of Sweden. There are "nombers of ydle and 

Morton's^regi- loyttcriug pcrsouus " who enUsted and took pay under the regiment 

im 'ress for*** of the Earl of Mortoun and " under the regiments and companeis lifted 

mintary ser- for the warrcs of Germanic and Sweden," and the petitioners* FoL 200, K 

masterieM^ own Companies, who have deserted the service and not passed 

men. ^y^j, g^g^ . ^^^ there are " others ydle and maisterlesse men, wanting 

trades, calling and industrie to winne thair living, who preferring ane 

ydle and loyttering lyffe at home to all generous exercises whilks may 

procure thame credite and advancement they shunne this imployment, and 

lyes as ane unproffitable and unnecessar burdein upon the countrie." 

Though given up by the several parishes as persons who ought te be sent 

to the wars, they continue yet " ydle vagabounds and maisterlesse men." 

They therefore crave that these persons may be apprehended and inrolled 

in their regiment. The Lords grant warrant as craved, but only with the 

presence and concurrence of some of his Majesty's judges and officers of 

the law, who are authorised, if the persons apprehended prove refractory, 

to put them in ward till occasion of their transport offer. In the caseFoi. 201, a. 

of deserters, the fact of their being so is to be proven to said judges and 

law officers, otherwise interference with their liberty is strictly prohibited 

upon the highest peril. 

Charge by the Complaint by Sir Thomas Hoip of Craighall, King's Advocate, as 

cate^iainir foUows : — " In the dispatche of the sub-commissiouns for trying of the 

ThomasNorrie, constant rent of the lands of cache parish in stocke and teind throughout 

messenger ^^^ , , , 

Stirling, for the whole prcsby tcrcis of this kingdome, the dispatche for the presbytereis 

duty%con- of Stirlinc and Dumblane, with the commissiouns and letters requisite 

^e^sub-^m- ^^^ ^^^^ dispatche, togidder with particular copeis for everie sub-commis- 

mission of sioncr, and ane speciall informatioun in writt anent the forme of the 

presbyteries of cxccutioun and usiug of that dispatche wes in all dew and lawf ull tyme 

dSL^"^ sent be Mr. Williame Broune, Clerk of his Majesteis Thesaurarie, in the 

moneth of Februarie last to Thomas Norie, messinger in Stirline, to have 

beene execute be him, and he alsua sent unto him money for his 

wages and ane speciall bearer to have attendit and awaited upon him to 

^ This letter is also registered in the Councils Register of Letters, foU 169, a. 



1629. CHARLES L 153 

Acta Februarj have bcene witnes to his executiouns and to have seene that dispatche 
162^. ^^ ordourKe and formallie execute." Norie received the dispatch and the 
FoL 201, b. money, and his acknowledgment by letter is dated 1 1th March last. But 
instead of doing the duty that was expected of him, he sent back the said 
bearer and " most knavishhe, falselie and undewtifullie," kept the dispatch 
beside him till the time appointed for pursuers and defenders discussing 
their valuations, viz., 15th April last, was past. On the 21st or 22nd 
of April, meeting accidentally with the two conveners of the sub-commis- 
sioners of the said presbyteries upon the High Street of Stirline, he then 
charged them, whome, if he had not thus met, he would not have charged 
at all, as he omitted to charge the others, and has only returned the 
letters untimeously executed against these two. Thus the business in 
respect of these two presbyteries is frustrated and disappointed through 
the " mischant, knavish and undewtifull behaviour " of the said Thomas 
None, who ought to be exemplarly punished in his person, deprived of 
his office, and declared incapable of any public charge hereafter. Charge 
having been been given to the said Thomas Norie and the pursuer 
compearing, but not the defender, the Lords ordain him to be denounced 
and escheat. 

Complaint by Captain William Grahame, and Jean Borthwick, his complaint by 
FoL 30^ a. spouse, as follows : — John Dykes in BaUaggan, the complainer's tenant, w&uS 

being in arrears with his rent, and finding some difficulty thereby on ^^^^^ 
account of "his unthriftie cariage," they caused arrest his goods till wick, his 
he found caution for payment of the debt. But he broke the arrest- JcSnOykeaT* 
ment and took away all the said goods. When the said Jean " in ane w^telumMor 
modest and sober maner " asked him why he brake his Majesty's arrest- aswuit on the 
ment, he pursued her with " ane great long f orke, gave her diverse Graham, 
straikes therewith in sindrie pairts of her bodie, and left her for deid, 
she being for the tyme great with childe, whairthrow she hes lyin 
bedfast sensyne in great pane and dollour." Chaise having been given 
to the said John Dykes, and the said Captain compearing for himself 
and his wife, but the defender not compearing, the Lords ordain him to 
be denounced rebel and escheat. 

Complaint by Mr. James Baillie of Crimcrampe as follows : — Sir John ComDiaint by 
Dalmahoy of that Ilk, and Andrew Ker of Yair, for themselves and iuB^H*™/* 
name of the kin and friends of James Dalmahoy in , alleging ^"^'^p 

FoL 202, b. that the complainer is at the horn for not compearing to undergo his John Dai- 
trial before his Majesty's Justice for art and part of the slaughter of the AndrewKer 
said James, executed letters of caption against him, and he is now in ^^j^ 
ward in the tolbooth of Edinburgh, and most wrongfully so, because he 
obtained relaxation from the said homing, as letters registered in the 
Books of Council and Session show ; but the provost and bailies of Edin- 
buigh refuse to release him. Charge having been given to the said 
Sir John Dalmahoy and Andrew Ker, and the pursuer and Sir 
John Dalmahoy compearing personally, and Andrew Ker, compearing 



154 



REGISTEE OP THE COUNCIL 



1629. 



Complaint by 
Sir Robert 
Hepburn, 
Sheriff-princi- 
pal of Uad- 
dington, and 
others against 
Sir John Home 
of North 
Berwick for 
resetting John 
Lindsay, 
portioner of 
Dirleton, who 
is at the horn. 



Caution by 
John Hiddle- 
ston, indweller 
in Edinburgh, 
to appear 
before Sir 
William Grier 
of Lag, and 
others, on 
fifteen days' 
warning. 



by . . . Ker, his son, the pursuer produced Letters of Slains made toi>e<«ta, 
him by Agnes and Helen Dahnahoy, daughters of the deceased Wil-i627-January 
liam Dalmahoy, merchant burgess of Edinburgh, and only lawful p^'202,b. 
sisters on life to the said James Dalmahoy, and he likewise produced the 
letters of relaxation. The defenders objected against these Letters of Foi. 203, &. 
Slains that they were of no value, not being signed by the brother of the 
deceased man, he being the principal party concerned. To which 
the pursuer replied that this brother was dead, and at least he had not 
been in this country for a long time back. The Lords ordain the provost 
and bailies of Edinburgh to put the pursuer to liberty upon his finding 
caution in £500 acted in the Books of Adjoumall to compear before the 
Justice and his deputes and underlie his trial for the said slaughter 
whenever lawfully chained thereto by the brother of the said deceased 
James, or any having his lawful mandate to pursue ; and the Lords 
further ordain the Justice, Justice Clerk and his deputes, the said 
caution being found, to desert the diet fixed for the trial of the pursuer, 
viz. 5 th June instant. 

Complaint by Sir Robert Hepbume of Aulderstoun, knight, sheriff 
principal of Hadintoun, John and Margaret Lindseyes, James Bruce, 
spouse to the said Margaret, and Mr. Alexander Hepbume, writer in 
Edinburgh, as follows : — -John Lindsey, portioner of Dirletoun, was put 
to the horn at the instance of the four last named complainers, and he 
contemning the same, as he yet does, they were forced to raise letters of ^oi- 203, b. 
caption and to charge the said sherifif to apprehend him, as he dwells in 
his bounds : The sherifif accordingly on May last sought for the 

said John Lindsey, who on learning the fact went secretly to the 
dwelling house of Sir John Home of North Berwick by whom he was 
reset, and who, contrary to his duty as a Justice of the Peace, refused to 
deliver him up to the said sherifif when he went and demanded him, and 
still keeps him in his house. Charge having been given to the said Sir 
John Home to compear and produce the said rebel, and the sheriff com- 
pearing for himself and the other pursuers, and the defender being also 
present and in the sherifif's presence denying that he was required by FoL 204, a. 
the sherifif to deliver the said rebel, and that while he was in his house 
it was with the connivance and warrant of the sherifif himself, who could 
not well deny the same, the Lords assoilzie the defender. 

John Hiddlestoun, indweller in Edinburgh, compearing personally, 
bound himself under the penalty of 500 merks to compear before 
William, Viscount of Drumlanrig, Sir William Greir of Lag, and Sir 
Thomas Eirkpatrik of Closebume, three of the Commissioners of the 
Middle Shires, or any two of them, whenever charged upon fifteen days 
warning, and answer to any charge of theft or reset of theft laid against 
him by Harbert Maxwell, called of Tynnell, and John Maxwell of Schaw, 
his son. 



1629. ' CHARLES I. 155 

\^*her Petition by Elizabeth Maxwell, as follows : — ^For fifteen days past she Petition by 

ie27-jMniary has been incarcerated in the tolbooth of Edinburgh " in ane most Maxwell, now 
Fd?'3W,». miserable estate in ane vyle prissoun amongst malefactours, and seingj^^Jj^^^jj^ 
the cans of her warding is her irresolutioun in some points of the burgh, on 
religioun whairof yitt her conscience is not fullie perswadit,'' and that religion, for 
she is willing to leave the country until she is resolved and can obtain ^]^^*^^ 
his Majesty's license to return, she craves her liberty. Charge having 
been given to Mr Andrew Eamsay and Mr John Maxwell, ministers of 
Edinburgh, and the pursuer compearing by Alexander Cuninghame, 
Fd.204,b. servitor to Adam Cuninghame, advocate, her procurator, and the two 
above named ministers compearing for themselves and the rest of the 
ministers of Edinburgh, upon the said Elizabeth finding caution to 
go abroad, as above, before 1*' July next, and that in the meanwhile she 
will " behave her selffe modestlie without ofiFence or scandall to the kirk," 
and not reset nor company with Papists, under the penalty of 1000 
merkes if she fail in any point, the Lords ordain the provost and bailies 
of Edinburgh to put her to liberty. 

Petition by Eichard Carmichaell " aide to the serjant major of Colonell ^"'*!^?^ 
Hamiltouns regiment," as follows: — ^For the furtherance of those levies Richard Car- 
which his Majesty has so earnestly recommended for the service of the J^ the ""^* 
King of Sweden the petitioner has undertaken the office above named, J^^^*- 
which requires personal and assiduous attendance, but owing to the colonel Hamii- 
rigorous behaviour of some of his creditors, he is hindered thereiu andment.*^ 
so he craves their Lordships' protection. This the Lords grant till 1st 
July next. 
ConauBona, Commission under the Signet to the Sheriflf of Bervick and hisHoiyrood 
FoLi96,h. depute, John Cranstoun of Thomedykes, and Sir George Eamsay of j^(n629, 

Wyliecleuche, or any two of them, to hold courts and try Janet Brother- S*°g?*®&^ i^ / 
stanes in , Bessie Sleigh in Dunce, and Janet Bowmaker there, Berwick and ^ 

who have been long suspected of witchcraft.. Signed by Hadintoun,jane"B5lo^er. 
Wintoun, Linlithgow, Seafort, Jedburgh, Naper, and Hamiltoun. fo?^teh^? 

Fd. 197, a. Another commission against Helen Knight, spouse to John Nicolsoun similar com- 

in Grange in the parish of Petterrugie, Margaret Strath in Auchereis in^^^ ^ 
the parish of Eathin, and Alexander Hay in Kinmudie in the parish of the Sheriff of 
Over Peterheid, granted to the Sheriflf of Aberdein and William Gordouuhia shwiff-"^ 
of Knockaspeck, sheriflF-depute of Aberdein, jointly and severally for trial ^ep^*®- 
of these persons for witchcraft, conform to the former commission in all 
points. 

The like conmiission granted to the bailies of the Eegality of Dalkeith, Similar 
Archibald Tweddell of Langside, Mr. Eobert Case of Fordell, Mr. Patrick ^teduTthe >^ 
Edmistoun of Schanke, and Thomas Megget of Maistertoun, or any one^^^^y^^^® 
of them with the said bailies, for trying Margaret Hamiltoun in Fala by Dalkeith. 
an assise for witchcraft. 

The like commission granted to Sir James Eichartsoun of Smetoun, Similar 
James Eig of Carbarrie, Adam Wauchop of Caikmure, Mr. Eobert Cas of granted to sir 



156 REGISTER OF THE COUNCIL. 1629. 

I R**wH Fordell, Mr. Patrick Edmistoun of Schanke, and Thomas M^ett of CommiaaoM, 

Smeton. Maistertoun, or any thi'ee of them, for trying Janet Hill in Prestoun, poi. 197, b. 

Janet Pursell in , and Janet Schearer in , by an assise for 

witchcraft, conform to the former conrniission in all points. 
Hoi^*aid Commission under the Signet to the provost and bailies of Edinbui^h FoL 205, b. 

June 1629. or any two of them, as justices, to hold courts and try Janet Hood, 
Sn?l^st**^ servitrix to Agues Wilsoun, widow in Leith, who in April last raised F0L206, a. 
and baUies of fire " by putting of ane kendled peitt in at ane hole of the dwelling hous 

of Edinburgh * .v .j a iTr^i i • i -n Tt_ i 

to try Janet Of the saiQ Agucs Wilsouu, her maistresse, qumlk wes ane tnacke 
of Mtting iS«^ hous, of purpose thereby to have burnt the hous, quhilk she oftin and 
^^^ , diverse tymes assayed to have done." Signed by Mar, Hadintoun, 
house in Leith. Win toun, Linlitligow, Seafort, Lauderdaill, Lome, Dunkelden, and 

Scottistarvett. 
letter from "Ane letter frome his Majestie in favour of Ballindallach and aSedenmts, 
anenti^Um- letter ordauit to be writtin to him requiring him to make ofiferis ofFoi.126, b. 
f*^^^' ,,0 ^^ssythment and satisfactioun to the relict and freindis of Carroun: 

Seea»&,p.ll3. ,,,,, , .. , « .<.i 

and the lyke letters to be wnttm to thame for acceptmg of the 

ofiferis." 
MiasWe from « Ane missive frome his Majestie in favours of the Bishop of the His, ^oi. 121, a. 
anent the a copie whcrof ordanit to be dely verit to the Ilismen and thay to ansuer 
BiBhopofthe upoun Thurisday." 

HoSi^th Sederunt — Treasurer ; Privy Seal ; Wintoun ; Linlithgow ; Seafort ;^J'^^™^ 

June 1629. Lauderdaill ; Bishop of Dunkeld ; Lord Lome ; Lord Areskine ; i629. 

Lord MelvUl; Lord Jedburgh; Lord Naper; Lord Tracquak ; *'^^' "^' ^ 
Clerk of Eegister ; Advocate ; Justice Clerk ; Sir John Scot ; 
Sir James Baillie. 

I^riof AnSw " Forsameekill as James Dowglas, sone to WiUiame, Erie of Angus, and 
and Lord Gray Gray, souc to Patrik, Lord Gray, being be directioun of his 

to aDDfi&r 

before the Majcstcis CounscU Sent to the Colledge of Edinburgh there to have 
SttswerVw the '^^^^^ trayucd up and instmcted in the grounds of trew religioun, it is 
ill-behaviour of tmthe that they have caried thameselffes veiie scandalouslie in that 

of their sona m n i , p . , i i i j .i_ 

the College of colleuge ; they refuise to goe to church and heare sermoun, spends the 
"* ^^ • Sunday in suspect places and companeis, cormpts others youths within 
the colledge and gives verie great mater of offence to the regents and 
maisters of the colledge ; and thairfoir thair saids fathers under whois 
auctoritie, power and command they yitt remaine, aucht and sould be 
answerable for thame and for thair good behaviour within the colledge : 
Thairfoir ordains letters to be direct charging the said Erie of Angus and 
Lord Gray to compeir personallie before the saids Lords upon the xj day 
of Junij instant to answer to the premisses and to underly suche ordour 
as sail be tane be the saids Lords thereanent under the pane of rebellioun, 
etc., with certificatioun, etc." 



1629. CHAELES I. 157 

Decreia, [Sederunt as recorded above.] Hoiyrood 

Xo?einbttr House, 4th 

l^-Janauy June 1629. 

P^2Q5 ^ Complaint by the moderator and brethren of the presbytery of Lin- Complaint by 

lithgow, as follows : — In pursuance of the Act of the Parliament held at ©f Linlithgow^ 

FoL205, b. Edinburgh in June 1594 they had cited Sir William Monteith of West ^jj^^^^^** 
Kerse, knight, Alexander Hamiltoun of Middlerig, and Christian Pollock, Monteith, 
his spouse, for being suspected Papists, refusing to repair to the kirk, Hamilton^ and 
hear the word and communicate, and having failed, after long pains and R^JJ^if^iiis 
travels, to convert them, they had been compelled to proceed against them ^p^"*®j*^^ 
with kirk censures. Accor^ngly on March last, being Sunday, these Papists, for 
three persons were duly excommunicated in the kirk of Fawkirk by Mr. cenJuresVthe 
Thomas Spittell, minister there ; notwithstanding whereof they still go ^^^^^' 
about as free lieges. Charge having been given to these three persons, 
and the pursuers compearing by the said Mr. Thomas Spittell, but the 
defenders not compearing, the Lords ordain them to be denounced and 
escheat. 

Foi.20«,a. Complaint by the ministers and session of the kirk of Leith, as Complaint by 

follows: — Mr. William Spence, master of the school of Leith, having and 8es^on"f 
been deservedly removed from that situation for adultery, and a number i^^thagaSLt 
of other scandals " not worthie to be repeated," has since then pressed Mr. wfiiiam 
with all possible means and friendship to obtain himself reponed ; but ^ter' who^ 
seeing he could not thus prevail, the complainers having " filled the al^Eld ftom 
place with another modest and learned youth," he resolved to thrust ^^ o®^® ^?' 

f. ,.. . TT« -II- 1. '»*--»-kt « 1. misconduct, 

himself into it. He imparted this resolution to Mr. Eobert Spence, his had offered 
brother, "who is laitlie come frome England," and tMs Mr. Eobert ^MMsor^aJcT 
on 3rd June came out of his house "in the morning directlie to the***^®"^^^*"* 
schoole, with ane sword about him and entering within the same he 
threatened the doctour with present death if he left not the schoole and 
if ever he fand him there agane, boasted and sheared [threatened] all the 
bames being within the schoole, shott thame all to the doore, locked the 
doore and tooke the key with him." He has so terrified the children 
that they are now afraid to come to the school. Charge having been 
given to the said Mr. William and Mr. Robert Spence, and the pursuers 
Foi.206, b. compearing by Mr. John Cranstoun and Mr. James Fairlie, ministers, who 
passed from the charge against Mr. William Spence, and the defenders 
also compearing, and witnesses having been heard, the Lords find that 
Mr. Robert Spence acted as libelled, and refused delivery of the key, and 
for his " insolence " commit him to ward in the tolbooth of Edinburgh 
till they release him. 

Petition by John Grant, younger of Ballindallache, as follows : — TheProte^o***** 
King has been pleased upon perusal of the depositions taken by their younger of 
Lordships about the slaughter of the late goodman of Carroun "to ^ ' 

forbeare the strict rigour of law aganis the said supplicant, and to injoyne 
him to deale by all meanes to give contentment to the relict and chil- 
dren" before Ist August next ; and that meanwhile be have their Lord- 



158 EEGISTER OF THE COUNCIL. 1629. 

ships' protection for going about the same, as his Majesty's letter to them l>ecreta, 
proports. He craves accordingly, and the Lords grant him their i627-Janii«ry 
protection till 1st August next. FS?"206,b. 

Hoiyrood Petition by Finlay M^Grunnan, as follows : — In the action before his Foi. 224, b. 

June 1629. Majesty between Ballindallache and some of the friends of the late 
[Tiiisiwt goodman of Carroun, with regard to Carroun's slaughter and also the 
proper place.] slaughter of two ou BalUndallache's side, his Majesty was moved to 
^"'^ted to coiiceive that the said slaughter of Carroun proceeded from the peti- 
Finiay tioner's being in his company, the petitioner being allied a rebel and 

that^may fugitive from the laws for the slaughter of Patrick Grant of Lettache 
SSmtion that ^^^ John Grant of Dalnabo, the one being uncle and the other a near kins- 
liow not a man to Ballinda llach, who claimed to be in execution of his Majesty's commis- 
fogitive, and sion against Carroun and the petitioner. Now Ballindallach expects byFoi. 225, a. 
^^pw? intiie l^yi^g *bis foul aspcrsion on the petitioner to clear himself of Carroun's 
daughter of slaughter, and by abuse of his Majesty's sacred ears to win his favour, 
whereas the truth is that the petitioner had no hand whatever in these 
two slaughters and is not rebel or fugitive for that cause. To prove his 
innocence he oflfers to find caution to stand the strictest trial before the 
Justice, but in respect of some civil homings he cannot compear for 
finding caution without their Lordships' protection, which he accordingly 
craves. The Lords grant him protection as craved till 1st August next, 
he having found caution in 1000 merks to behave himself peaceably 
and not intercommune with James Grant. 
HoS2r4th Commission under the Signet to James Johnestoun of that Ilk, ^9^^^ 

June 1629. convocatc the lieges in arms, and search for, apprehend and detain in ward FoL 197, b. 
Smes^hn-**^ till further direction be given by the Council, John Johnstoun called of 
Sk^to a^ re Q^hy^^®^5*^teU» wlio being among a number of others for whom the said 
hendJohn Laird of Johnstoun was bound that they would compear before the 
has broken^ ° Commissioners of the Middeleshires on 22nd April last, to answer for 
^^^' certain crimes laid to their charge, alone of them all did not compear, 

thereby taking the guilt upon him of the crime laid against him, and 
beii^ declared a fugitive. After much search and trouble, the said 
Laird of Johnestoun apprehended him and warded him in his place of 
Newbie, but while the said Laird had come to Edinburgh to receive the 
Council's directions in the case, the said John Johnestoun, after five 
weeks imprisonment, broke the said ward, and has associated himself 
with other fugitives and broken limmers. There is license to use 
all necessary force with clause of immunity. Signed by Mar, 
Sanctandrewes, Hadintoun, Winton, Linlithgow, Areskine, and Trae- 
quair. 
Ai^n^r ^ Commission under the Signet to Alexander M^Kenzie of Culcoy, andFoLiM,a. 
^S'^nd' "^^^^ M^'Kenzie of Fairbaime, or either of them, as justices, to hold 
John M'Kenae courts and try John Carroun, servitor to Colin, Earl of Seafort, who on 
toyJohn^^**' March last slew James Walker, a fellow servant, and being 

SSTuJ^hter. ^^®^ " ^^^ ^^® bloodie hand " is now in ward in the tolbooth of the 



1629. 



CHAELES I. 



159 



Sederants, 
16-^29. 
Fol. 121, ft. 



CommfflsioDs, Channonrie. Signed by Mar, Hadintoun, Wintoun, Linlitt^ow, 
Fol. 198, a. Lauderdaill, Lome, Dunkelden, and Scottistarvett. 

Commiflsioun under the Signet to William, Viscotmt of Drumlanrig, Commwaion to 
Sir Thomas Blirkpatrik, and Greir of Lag, or any two of them, viscount of 

as justices, to direct their own precepts and cite, and hold courts and ^^Tto^* 
try John Hiddlestoun, now indweller in Edinburgh, who, having been Kirkpatnck, 
called before the Commissioners of the Middle Shires at their late Lag, to try 
Justice Court at Dumfries, procured a suspension and discharge against g^ne,^ow^^ 
their proceeding, at the hearing of which before the Council on 2nd e^^^^®'^*^ 
June instant, he, to clear his innocence, oflfered himself for trial before 
the Viscount of Drumlanrig, and the Lairds of Closebume and Lag, or 
any two of them whenever charged, and found caution in 500 merks to 
appear and answer to any charges of theft and reset of theft laid 
against him. Signed by the same Lords with the addition of Seafort. 

" That chargeis be direct aganis the Earle of Angus and the Lord Gray The Eari of 
to compeir to ansuer upoun the recusancie and refuisall of thair sones tOGJI^and*^ 
heir conference or resorte to the churche for thair instructioun in the ^®"' ^°^' 
groundis of religioun, and to underly suche ordour as salbe prescryved 
unto thame thairanent." 

" The quhilk day the Bishop of the Ilis gaif in some articlis con- The reforma- 
ceming the reformatioun of the Ilis whilkis wer delyverit to Sir Donald ^08.^ 
Gorme in name of the Ilismen, and thay ordanit to answer upoun Twisday 
nixt." 

" A warrand to the Earle of Rothes to convene the Justiceis of peace 3?^?,^^^ °i 

Rothes and 

of Fyflfe for setting doun ane ordour for mending his Majesteis hie wayes his Majesty's 
in that shirefdome." highy^^ys, 

Sa^si****"' "^ter our verie heartilie commendatiouns. Whereas the Kings Hoiyrood 
Fol. 161, b. Majestic hes beene gratiouslie pleased to f orbeare the strict rigour of law j^^i62». 
aganis yow and your complices accessoreis to the slaughter of the lait ^f?^*?, 
goodman of Carroun and to require yow to deale by all meanes to give requiring him 
contentment to the relict and childrene betuix and the first of August, ^™*o® 
we have thoght good to acquaint yow with his Majesteis pleasure heerin, ^J^^^^^ 
and in regaird heirof and of your awin interesse to require and advise children of the 
yow to use your best endeavoures for giving unt9 thame reasonable 
satisfactioun ; and for that efifect that yow make offers of assythement 
unto thame and seeke by all fairs meanes and dewtifuU respect to con- 
ciliat thair favour, and that yow deale with suche of the freinds and 
make choise of suche persons to travell in this bussines as ar most 
gratious to the partie and fittest to be imployed for drawing of your 
differences to a freindlie agreement ; quhairin nothing doubting of your 
discretioun and care we committ yow to God. Halyrudhous 4 Junij 
1629. Suhscribitur, Mar, Hadintoun, Wintoun, Linlithgow, Seafort, 
S. 6. Elphinstoun, Scottistarvett " 

" After our verie heartilie commendatiouns. Whereas the Kings ]^^^^^ 
Majestic hes beene gratiouslie pleased upon perusall of the depositiouns june i629. 



160 



EEGISTER OF THE COUNCIL. 



1629. 



Letter to the 
relict of 
Carron advis- 
ing her to 
accept the 
offer of assith- 
ment on the 
part of Ballin- 
dallach for the 
slaughter of 
her Tate hus- 
band. 



taken by the Counsell concerning the caussis and circumstances of thei^^i Letters, 

slaughter of your umquhill husband committed be the Goodman of foI. ici, b. 

Ballindallache and his complices to forbeare the strict rigour of law 

aganis thame and to require Ballindallache to deale by all meanes to give 

unto yow and your childrein contentment betuix and the first day of 

August nixtocome, and if yow sail happin not to agree among yourselflfes 

betuix and the said day it is his Majesteis pleasure that the Counsell in 

that caise sail sett doun and appoint suche reasonable compositioun for 

assythement as they in thair judgement sail thinke fitting ; quhairof we 

have thought good to certifie yow and thairwith all to intreate and 

advise yow dewtifullie to hearken to a freindlie agreement and not 

stomackedlie to refuise the performance of that quhilk his Majestic upon 

just and considerable reasouns hes willed to be done. We doubt not hot 

the partie will make reasonable offers, and we ar alyke hopefull of your 

readie acceptance thairof , and that thairin yow will shew your obedience 

to his Majesteis command who hes beene so respective of your interesse 

in the whole course of this bussines ; otherwayes if yow sail show your 

selffe averse and sail not embrace quhat in reasoun sail be offered, the 

Counsell will be constrained to performe that pairt quhilk his Majestic 

hes committed to thair charge and trust ; hot hoping that the significa- ^o'* i^ ^ 

tioun of his Majesteis pleasure heerin will be sufficient inducement to 

dispose yow to a freindlie sattling. we conmiit, etc, Halyrudhous 4 

Junij 1629. S^Ascribitur, Mar, Hadintoun, Wintoun, linlitl^ow, Seafort, 

Elphdnstoun, Scottistarvett." 



Holyrood 
House, 9th 
Jane 1829. 



Sederunt — Treasurer ; Privy Seal ; Wyntoun ; Linlithgow ; Perth ; Acta February 
Wigtoun ; Landerdaill ; Seafort ; Air ; Bishop of Dunkeld ; lega. ^ 
Bishop of Dumblane ; Lord Lome ; Lord Areskine ; Lord ^^^ ^^*» ^ 
Melvill ; Lord Jedburgh ; Lord Naper ; Lord Tracquair ; Clerk 
of Eegister ; Advocate ; Justice Clerk ; Sir John Scot. 



Charge to 
Robert 
Bramlie to 
appear before 
the Council, 
seeing that 
having been 

sheriff of 
Northumber- 
land by his 
Majesty he 
had evaded 
the office and 
fled into 
Scotland. 



" Forsameekle as Eobert Brambe \sic\ of in the countie of 

Northumberland, Esquire, being appointed by the King's Majestic to be 
shireflf of the said countie, and being writtin to be the Lord Keeper of the 
great scale of England to accept his charge and to execute the same 
according to the trust reposed in him, yitt his Majestie is informed that 
to shunne the said charge he hes withdrawin himselfie to the kingdome 
of Scotland as slighting or neglecting the performance of his said charge, Foi. 120, 
to the high and proud contempt of his Majestie and his authoritie; 
Thairfoir the Lords of Secreit Counsell ordains letters to be direct 
charging the said Eobert Bramlie [sic] to compeir personallie before the 
saids Lords upon the day of to answer upon his said neglect of 

dewtie and to underly suche ordour as sail be tane thereanent under the 
pane of rebellioun and putting of him to the home ; with certificatioun to 
him and he failzie that not onlie sail he be denunced and declared ane 



1629. CHAELES L 161 

Acta Febroary rebcll and fugitive frome his Majesteis lawes, hot with that suche other 
1629. " ^ ordour sail be tane with him as the honnour and justice of the kingdome 
Foi. 120, a. requires. Followes his Majesteis missive for warrand of the act abone- 
writtin : — Charles R., Right trustie and right weilbelovit cousine and 
counsellour, right trustie and weilbelovit cousines and counsellours, and 
trustie and weilbelovit counsellours, we greete yow weill. Whereas 
Robert Bramley of in the countie of Northumberland, Esquire, 

being prickt by us to be shirefiF of the said countie and being writtin 
unto by the Lord Keeper of our great seale to accept his charge and to 
execute the same according to the trust reposed in him, yitt we ar 
credibUe informed that to shunne his said chai'ge he is gone into that 
our kingdome as slighting or neglecting the performance of his said charge. 
Our pleasure is therefore that yow inquire where he is in that our king- 
dome and that yow direct letters to charge him to compeir before yow to 
answer his said neglect, and upon his apparence [sw] to take him acted to 
retoume to the said countie to accept of his said charge, and upon his 
refuisall or delay to doe so, we require yow to send him backe to the now 
shireff of the said countie to be by him keept untill our farther pleasure 
be knowin concerning him ; and for your so doing these presents sail be 
your sufiBcient warrand. Frome our Court at Greenewiche the 27 day 
of May 1629." 

" Forsameekle as the Lords of Secreit Counsell ar informed that there Chaj^e to th« 
is some appearance of trouble and unquyetnes lyke to fall out betuix canon^te ^ 
the bailleis and inhabitants of the Cannogait, on the ane pairt, and the J^je^of ^"^'^" 
baroun baiUie of the regalitie of Brouchtoun and inhabitants of the Broughton to 
north side of Leith, on the other pairt, anent thair weapounshawing the Coimcii 
appointed to be keeped and haldin upon the tenth of this instant and^g^e^^es 
anent the ordour of thair ranking and marching at the said weapoun- ^J^ggJ^JenT 
shawing, whairin some innovatioun is intendit againis the forme and anent their 
Fai. 120, b. ordour observed in all tjme bygane, whilk is lyke to disturbe his ^^^ *^" 
Majesteis peace and to bring pn forder inconvenient without remeid be 
provydit, Thairfoir ordains ane maisser or officiar of armes to pas and in his 
Majesteis name and auctoritie to command and charge the bailUes of 
the Cannogait, on the ane pairt, and the said baroun baillie, on the other 
pairt, to compeir personallie before the saids Lords upon the ellevint day 
of Junij instant to underly suche ordour as sail be prescryved unto 
thame tuicheing the removing of all differences betuix thame at thair 
said weapounshawing, under the pane of rebellioun and putting of thame 
to the home, with certificatioun, etc. ; and in the meanetyme, whill the 
said ordour be tane, to command, charge and inhibite thame that they 
nor nane under thair charge presoome nor take upoun hand to make thair 
weapounshawings, displey cuUours nor towke drwmmes to that effect 
I under the said pane of rebellioun and putting of thame to the home ; 

certifeing thame that sail failyie or doe in the contrair that they sail 
not oneUe be immediatelie denunced rebeUis and putt to the home 
VOL. m. L 



162 EEGISTER OF THE COUNCIL. 1629. 

bot they sail be otherwayes punished in their persouns as contemners Acta February 
and dissobeyers of the directiouns and commandements of the saids Lords i629. ^ 
with all rigour." ^^^ ^' ^ 

Charge to " Forsameekle as ane nomber of persons throughout the severall 

have refnaed presbytereis of this kingdome being nominat and chosin to be subcom- 
rab-^mmis- missioners for valuing of the constant rent of the lands and teinds 
ffloner a* o^c© within the saids presbytereis ; And it being expected that thir persons, 
office, who wer imployed in so great and publict ane worke whairin the Kirk 

and gentrie of the kingdome hes suche speciall interesse, sould have 
accepted the charge and commissiouns upon thame and dewtifullie and 
caref ullie execute the same according to the trust concredite unto thame, 
yitt it is of truthe that diverse of the saids subcommissioners in sindrie 
presbytereis of this kingdome hes most undewtifullie and unworthilie 
shunned the said imployment and refuised to accept the same upon 
thame and to concurre and joyne with thair fellow conmiissioners in 
executioun of the same ; quhairthrow this publict worke whilk his 
Majestic so eamestlie affects for the good of his subjects is cassin louse 
in manie pairts of the kingdome and hes not had suche ane prc^resse 
and dispatche as the importance thairof requires : Thairfoir the Lords of 
Secreit Counsell ordains letters to be direct charging all and sindrie 
persouns nominat to be subcommissioners of the severall presbytereis 
within this kingdome be thair names as they sail be required, who hes 
not as yitt accepted the commissioun upon thame, that they and everie Foi. 121, a. 
ane of thame addresse thameselffes to thair presbytereis upon the first 
presbyterie day after the said charge and thair accept the said charge 
upon thame and give thair oath for administratioun thairof, and that 
they and the rest of the subcommissioners who hes accepted the charge 
upon thame concurre and joyne eflfauldlie and efifectuallie for putting of 
the said charge to executioun in all pointes confomie to the tennour 
thairof, within sax dayes nixt after the charge, under the pane of 
rebellioun etc., and if they failyie, to denunce and escheit, etc." 
Ratification of " The Lords of Sccrcit Counsell ratif eis, allowes and approves the Acts 

Acts of the - 1 .1 i^ . . I . 1 -1 -1 

Ck>mmi88ion of Bott doun be the Commissioners anent the tithes and surrenders upon 
^^^ ^ the fyft day of Junij instant in all and sindrie points, clauses and 

articles conteanit thairin, and after the forme and tennour thairof in all 
points." 

iSWn [Sederunt as recorded above.] g^>2^^ 

June 1629. ie27-Jaiiuarv 

S^t^HarcUe Complaint by Janet Hardie, spouse to Robert Clerk, skipper in poi. 207, a. 
and Janet Fisherraw, and Janet Barclay, widow there, as follows : — ^On March 
theyweiiieg. last the bailics of Mussilburgh came to the dwelling house of the 
Sthlr***^ complainers in Fisherraw, apprehended them, and put them in their 
Toibooth of tolbooth whcrc they still keep them " in the stockes and ymes," allying 
charge of that they are guilty of witchcraft. To prove their innocency thereof 



Fol 207, b. 



1629. CHAELES I. 163 

Dacreta, they have offered themselves for trial, and to find caution to compear for witchcraft 
i627-Jaiu]ai7 the Same, but the said bailies refuse. Charge having been given to brought to 
F^207 a. William Duncan and John Calderwode, bailies of Mussilburgh, to*™^" 
compear and produce the complainers, and Janet Hardie compearing by 
Eobert Clerk, her husband, and Janet Barclay, by Robert Clerk, her son, 
and the defenders also compearing, the Lords remit the case to the Lord 
of the regality of Dunfermline and his bailies. 

Complaint by Sir James Hamiltoun of Preistf eild, as follows : — In the Complaint by 
expedition "towards the lie of Eae" which was so earnestly recom- HamSton of 
mended by his Majesty to their Lordships, the complainer ©iilisted ^^^®g^ 
Eobert Forbes in North Beruick, who freely and willingly undertook and John Home of 
accompanied him in that service. Since his return he has again enlisted wick for 
the said Robert Forbes for the service of the King of Sweden, and he, f^^^^^'^'' 
having willingly embraced the service, has been entertained by the ^ ^'^J^*®^^ i'' 
complainer till now that his company is ready to embark. The of the said Sir 
complainer sent one of his company to North Beruick for him, and he '^*™**- 
professed his willingness to accompany the man, but desired first leave 
to go and speak with Sir John Home of North Berwick about some of 
his affairs. So the man went with him and after they had spoken a 
short time. Sir John Home told the man " that the said Robert Forbes 
must not go in that service, and that he would keepe him still, protesting 
and avowing that if fyve hundreth men had come there to take him, 
they sould not gett him." Charge having been given to the said Sir 
John Home, and pursuer and defender both compearing on a day bypast, 
the latter confessed that the said Thomas Forbes was in his house and 
company when the pursuer's officer came for him, and that on being 
desired on deliver him up, he refused; whereupon the Lords had 
ordained him to produce the said Thomas Forbes this day. Both again 
compearing, but Forbes neither being produced, nor any reasonable cause 
Fol. 208, a. shown why he was not, the Lords ordain Sir John Home to be put to 
the horn. 

Petition by Wilkine Johnestoun, Thomas Patersoun, Malcolme Brown, Petition bv 
John Smith, Robert Davidsoun, Hew Hamiltoun for himself and for atone and 
Thomas Hamiltoun as assignee of John Hamiltoun, merchant ; John ^Snuanoe of 
Smith, William Mitchelsoun, Adam Mitchelsoun, Robert Keith, John protection to 
Sinclare, Alexander Binnie, Robert Glen, James Pont, James Stevinsoun, Mauchane, 
David Jonkein, James Naismith, John Grahame, Robert Maistertoun, ^^* ^hJ"*^ 
and David Mitchelsoun, merchants burgesses of Edinburgh ; (Jeorge opportuD^ty of 
Foulles, master of his Majesty's Cunziehous ; John Fraser, goldsmith ; Sebte to the 
Mr. Robert Balcalquall, minister at Tranent; Arthur Rae, writer;"" p®"**""- 
Alexander Lintoun, Mr. Alexander Livingstoun, advocate; Mr. John 
Patersoun, for his sister Janet Patersoun ; Thomas Lamb, messenger ; and 
Samwell Moresoun, in Leith, as follows: — They are all creditors of 
Alexander Mauchane, merchant bui^ess of Edinburgh, who for fear of 
arrest fled to England, but in December last applied to them for their 



164 EEGISTEK OF THE COUNCIL. 1629. 

aasurance for his safe return that he might give them all the satisfaction Decreta, 
his estate would permit, and their Lordships upon the desire of the i627-Januar7 
petitioners granted a protection to him till the last day of March, nowp^208 a. 



past. They acknowledge " the honest and upright meaning of the said 
Alexander " and affirm that during the term of the said protection he Foi. 208, b. j 

arranged with all his English creditors, and therefore they all in one 
voice crave their Lordships* further protection to him till 1st August 
next. This the Lords grant. 
h^^M^^OTt™ "Ane missive frome his Majestic concerning Eobert Bramby, and Sedomnts, 
anent Robert letters accordinglie direct with missives to the shireffis of Beruik, foI. I2i, b. 
Swanu,p 160. Roxburgh and Drumfreis, the Commissionaris of the Middleshyris, to 
witt, the Earle of Nithisdaill, and Vicount of Drumlangrig, the Lordis 
Yester and Tracquair, the Laird of Aytoun, the provest and baillies of 
Glasgw." 
Letter to be " That ane letter be written to his Majestic toucheing the differenceis 
Majesty anent bctuix the Lord of Lome and the Ilandars anent the place of balding 
S)me*aad the ^^s justicc courtis, representing to his Majestic the ressonis alledgeit 
holding of ^^^ ^^^ Ijg athcr pairty, and requiring his Majestie to signifie his 
in the Isles, royall plcasour thairancut ; and in the mean tyme dischargeing the Lord 
of Lome to forbeare the executioun of his commissioun aganis the north 
Ilandaris till the returne of his Majesteis plcasour." 
^e Lord of « ^^e missivc produceit be the Lord of Lome toucheing the balding 

of his justice courtis." 
HolSr^th " After our verie heartilie commendatiouns. Whereas Eobert Brainbe Royal Lettei^ 

June 1629. alias Bramclcy in the countie of Northumberland, Esquire, being -poi 162, a. 
ing th'e'iSIest uominat be the Kings Majestie to be shireflf of the said countie, and he 
Brwniieand ^^S writtin unto bc the Lord Keeper of the great scale of England to 
his production havc accepted the charge and to have execute the same according to the 
Counca. tmst reposed in him, yitt, as his Majestie is informed, he hes most 

Soea»i/e,p.i60. uudcwtifuUy, to shunne the said charge, withdrawin himselfiFe toward this 
kingdome, slighting and neglecting thairby the performance of his said 
charge, to the high and proud contempt of his Majesteis auctoritie and 
disgrace of his governement; and thairfoir these ar to requeist and 
desire your good lordship to make diligent inquyrie and searche for the 
said Robert throughout all the bounds of your office and if yow can gett 
notice of him that yow cans execute thir within writtin letters aganis 
him charging him to compeir before his Majesteis Counsell at suche a - 
certane day as yow sail appoint, being ather upon a Tuisday or Thurisday 
upon sax dayes warning, and that yow report the saids letters dewlie 
execute and indorsat to his Majesteis Counsell with all convenient dili- 
gence after the executioun of the same ; quhilk looking assuredlie yow 
will doe as yow respect his Majesteis pleasure and contentment speciallie 
in a mater of this kynde quhairin his Majesteis honnour is so farre 
ingadged, we committ your lordship to God. Frome Halyrudhous the 



1629. CHARLES I. 165 

Bo^ Letters, nynt day of Junij 1629. Sicbscribitur, Mar, Hadintoun, Linlithgow, 

^ • Dumblane, S' Thomas Hoip." 

Foi. 168, a. « After our verie heartilie commendatiouns. Report being made unto Hoiynxg 

us of your contempt and dissobedienee in not reporting of the diligence June 1629. 
of that presbyterie anent the nominatioun of subcommissi oners for ^^T^^S^^^^^ 
of the constant worth of the lands and teinds within the same con forme Presbytery of 
to the charge execute aganis yow to that efiFect, we could not bot mervell the neglect of 
at your oversight in suche a point especiallie quhair the weale of the pj!^wery to 
churche is so effectuallie aymed at and quhairin all the remanent pres- nominate sub- 

1 • •!• i-i. 1 -I •• 11' 41 1^1 • ,. commissioners 

bytereis withm this kmgnome hes givm obedience. And altho we might of teinds. 
proceid s^nis yow with that rigour quhilk your neglect of dewtie hes 
justlie merited, yow being alreadie denunced rebell and putt to the 
home for that cans, yitt we have forborne to enter in suche a course, 
wishing rather by lenitie and favour to procure your obedience than by 
auctoritie of justice to enforce yow thairunto ; and thairfoir these ar to 
requeist and desire yow that with convenient and possible diligence after 
the ressett heirof yow send in to the Clerk of the Commissioun the 
report and diligence of your presbyterie anent the choise of subcom- 
missioners for the valuatiouns within the same, to the intent that 
accordinglie subcommissiouns may be exped for bringing of these valua- 
tiouns to ane end; quhairin attending your readie obedience as yow 
respect your owin weill and would eshew that censure quhilk your 
forder contempt will justlie bring upon yow, we bid yow fareweill. 
Frorae Halyruidhous the nynt day of Junij 1629. Svhscrihitur, Mar, 
Hadinton, Linlithgow, S' Thomas Hope." 

" After our verie heartilie commendatiouns to your good lordship. 5°^^'^*'^ 
The whole presbytereis within this kingdome (Bamff onelie excepted) June 1629. 
having reported thair diligence anent the choise of subcommissioners for^^^^**** 
trpng of the constant rent of the lands and teinds within the same andAberfeen 
the dispatches requisite thairanent being long agoe sattled and the same, 
valuatioims going on conforme to the prescryved course and ordour, the 
presbyterie of Bamff in this meane tyme is neglected and no valuatioun 
had of thame, so that this great and publict worke importing so neerelie 
FoL 168, b. the' weale of the kirk and kingdome is slighted within that presbyterie 
atfaer by the sleuth or negligence, or by the wilfull contempt and 
dissobedienee of the moderatour and brethrein theirof. And whereas 
they ar within your lordships diocie, and we being loath to enter in 
anie hard course aganis thame, wishing rather by lenitie and favour to 
procure thair obedience nor by auctoritie of law to enforce thame 
thairto ; these ar thairfoir to requeist and desire your good lordship to 
lett thame know thair oversight in this point and to move and cans 
thame with diligence to amend what hes beene amisse and to send in to 
the Clerk of the Commissioun thair report formallie in writt anent the 
nominatioun of subcommissioners for trying of the valuatioun of the said 
presbyterie, to the intent that there be no forder hinder nor delay there- 



166 REGISTER OF THE COUNCIL. 1629. 

anent: quhairin expecting your lordships care and furtherance with ^ ^^U;'®**®"^ 
the haist that possiblie may be, we committ your lordship to God. FoL 163, b. 
Frome Halyrudhous the nynt of Junij 1629. SubscrSntur, Mar, Had- 
intoun, Linlithgow, S' Thomas Hoip." 

HoSTuth Sederunt — Privy Seal ; Linlithgow ; Seafort ; Air ; Lord Lome ; Acu February 

June 1629. Lord Areskine ; Bishop of Dimiblane ; Naper ; Clerk of Register ; 1629. " ^ 

Advocate ; Justice Clerk ; Sir John Scot. *'°^- ^^i, »• 

Sri'T/^ffos* " ■'^^ whilk day Williame, Erie of Angus, compeirand personallie 

committed to before the Lords of Secreit Counsell conf orme to the charge execute 

Mr.J^n^^ aganis him for that effect and the scandalous behaviour of James 

^^cip3ofthe^^^8^^» ^^ "80^®* ^y ^ refuisall to goe to churche and to hears 

&Ueg:eof sermoun, and spending of the Sabboth day in suspect places and 

hiB^i^os ^'companeis to the great offence of the maisters and r^entsof the Colle(]^ 

education. ^f Edinburgh where he wes placed as ane student being objected unto 

the said Erie, his father, under whois power, auctoritie and command he 

yitt remaines, and the said Erie having excused himselffe that the 

behaviour and cariage of his sone in these particulars wes besides his 

knowledge, directioun or allowance, the Lords of Secreit Counsell, being 

carefuU of the religious educatioun of the said James Dowglas, they 

ordained him to be putt and placed in the hous of Mr. Johne Adamesoun, 

principall of the said Colledge, to remaine with him for the space of 

fyftene dayes upon the said Erie his fathers charges and expenses, to the 

intent that in the meane tyme the said Mr. Johne Adamesoun may have 

the more frequent occasioun to conferre with the said James, and to 

resolve him in the scruples and doubts of his religioun. Lykeas the said 

Mr. Johne Adamesoun, being personallie present at the request and^ot 121, k 

desire of the saids Lords, accepted that charge upon him." 

Poatponement "Anent the Act of Secreit Counsell direct makand mentioun, 

the bailies of Forsamcekill as the Lords of Secreit Counsell ar informed that there is 

^^^°^^^.some appearance of trouble lyke to fall out betuix the bailleis and 

Bro'* hton till ^^^^^^^^^ ^^ ^^^ Cannogait, on the ane pairt, and the baroun baillie of 

the return the regalitic of Brouchtoun, and the inhabitants of the north side of 

theEori^f ° Lcith, On the other pairt, anent thair weaponshawing appointed to be 

TOMriS?of Se^®®P®^ and haldin upon the tent of this instant, and anent the ordour 

said barony of and ranking of thair marching at the said weapounshawing whaiiin some 

g^^^'igi innovation is intendit aganis the forme and ordour observed in all tyme 

bygane, whilk is lyke to disturbe his Majesteis peace and to bring in 

forder inconvenient without remeid be provydit : And anent the charge 

givin to Adame Bothwell and James Aittoun, bailleis of the Cannogait, 

on the ane pairt, and Williame Sinclare, baroun baillie of the regalitie of 

Brouchtoun, on the other pairt, to have compeired personallie before the 

Lords of the Privie Counsell upon this present ellevint day of Junij 

instant to have underlyne suche ordour as sould be prescryved unto 



1629. CHARLES I. 167 

Acu Fefanuury thame tuicheing the removing of all difiFerences betuix thame at thair 
it!29. ^ said weapounshawing, under the pane of rebellioun and putting of thame 
Foi. 121, b. ^ |.jjg home, with certificatioun to thame and they failyied letters sould 
be direct simpUdter to putt thame thairto, lykeas at mair lenth is conteanit 
in the said act, executions and indorsatiouns thairof : Quhilks being callit 
and both the saids parteis compeirand personallie, and thair reasouns and 
allegatiouns being heard and considderit be the saids Lords and they weill 
advised thairwith, the Lords of Secreit Counsell understanding that Eobert, 
Erie of Eoxburgh, as baroun of the baronie of Brouchtoun, is superiour to 
both the saids parteis, and that thairfoir it is expedient that he be 
present at the Battling of this mater anent the weapounshawing, Thair- 
foir the said Lords contiaewes this mater untill the retume of the said 
Erie of Eoxburgh from Court, and in the meane tyme commands and 
inhibits both the saids parteis that they nor nane under thair charge 
presoome nor take upon hand to make thair weaponshawing nor displey 
cullours, nor towke drwmmes for that effect, as they will answere upon 
the contrarie at thair highest charge and perrell." 

^>«a«ttt, [Sederunt as recorded above.] Hoiyrood 

NoTomber House, 11th 

1©7-Jaauary June 1629. 

1^*208, b. Complaint by Cornelius Armestrang, son to John Armestrang of Hole- Complaint by 
hous, as follows: — On 2 2d May last William Whippa, son to David A^S^^Sng 
Whippa called of Leehouses, came to the dwelling house of Matthew ^^",5^^^* 
Murrey in Milleyes on the Water of Esk where the complainer was with for assault. 

Foi. 209, a. sundry other gentlemen, and having insinuated himself into their com- 
pany, he began to provoke the complainer to a quarrel. " Bot the 
mater being tane up be some gentlemen in the companie they wer 
moved to drinke together in tokin of freindship, be reasoun whairof the 
compleaner being secure and leaning himselffe upon the boord to have 
tane some rest," Whippa drew his sword and gave him " three great and 
bloodie wounds " upon the arm, and has mutilated him therein, so that 
the complainer is still " under the cure of chirurgians in great pane and 
doUour " to his great prejudice, and disappointing him of the service he 
has undertaken under the Erie of Bugcleuche, in the Wars of Holland. 
Charge having been given to the said William Whippa and the pursuer 
compearing but the defender not, the Lords ordain him to be put to the 
horn and escheat. 

Petition by John Davie, general clerk to Colonel Hamiltoun, as protection to 
follows: — On his petition to the King for his Majesty's protection for^'^J^® 
six months, his goods and estate, now in the hands of his creditors, being cfe<i»*ors till 
more than sufficient to satisfy all their claims, the King had referred the August. 

Pol. 209, K same to their Lordships, " willing thame for the good of the King of 
Sweden his service to take suche ane faire course in this cause as they 
wer wount to doe for the service of the King of Denmarke," He craves 



168 REGISTER OF THE COUNCIL. 1629. 

their favourable reply. Their Lordships grant him their protection till ^^>«*****» 

Ist August next. 1627-Janiiary 

mT^uI^^ Complaint by Mr. William Smith, minister at Dunett, as follows:— },^ 209, b. 
Smith, minister On 30th December last, when he was in the dwelling house of John 
againsTooorge Sinclair of Rattir, George Sinclair, bastard brother to the said Laird of 
bMta^' Rattir, came to him and " began to querrell him, verie disgracefullie 
broker to the upbraiding him with sindrie contumelious and minassing speeches," 
Rattir, for expecting he would retaliate ; but being disappointed in this he left the 
^^^^^ house before the compleaner, and meeting him on the way home, he 

assailed him with a great rung, wounding him on the head and other Foi. 210, a. 
parts of his body. On being reprehended by some persons who rescued 
the complaiuer out of his hands, " he bragged that he cared nather for 
King, Counsell nor Bishop, opinlie affirming that it was the thing he 
had prepared for the compleaner sevin yeeres agoe at his fathers boord 
if he had not glowmmed upoun him." Further, on thereafter 

he came to the complainer's dwelling houses under cloud and silence of 
night, and dang up his windows and doors, thinking that thereby he 
would have brought the complainer forth, and then slain him. Conse- 
quently he dare not attend his " necessarie and lawfull calling in 
preaching of the Word at his parish kirk " for fear of his life. Charge 
having been given to the said George Sinclair, and the pursuer compear- 
ing, but not the defender, the Lords ordain him to be put to the horn. 
CpnapiA^^y Complaint by Mr Richard Merchinstoun, Archdean of Caithness, as 
Merchiston, follows : — Douald Caddell of Suddell, Alexander Caddell in Auchougall, 
cSthn^,°' Andrew Caddell in Brigend of Wattin, David Caddell, his son, David 
agMMt Donald Caddell of Auchintof t, William Caddell in Boilfendack, Donald Caddell 
Suddell and of Newtoun Westcr, William Caddell of Achahoy, William Caddell of [in] 
asswiit and for Over Skuddcll, John Dow at Graystane, and Walter Caddell at Boilfen- 
duS^thei^t^^'^' with others of their kin and friends, in hatred of the complainer Foi. 210, b. 
fiye years. bccausc he, " as thair ordinar pastour, reprehended and snibbed thame as 
occasioun ofiFered for thair insolenceis and dissolute lyfife," have for five 
years hunted after his life. On 7th March 1623 these persons, being 
conveened for the making of a contract of marriage between two of their 
friends, and pretending the necessity of his presence, invited him to 
dinner with them, but when he consented and came to the house, 
" instead of kyndelie and freindlie intreating " they assailed him and 
would have murdered him if some honest men had not come to his relief. 
Further, on the 10th of the said month when he went to the kirk of 
to have preached to his flock, notwithstanding that it was 
" the Lords Sabboth," these persons came thither armed with two handed 
swords, bows and other weapons, sought his Ufe, and wounded his 
servant, Donald Sutherland, so " deidlie on the heid '' that he lay in 
danger of his life for a quarter of a year thereafter. By reason of this 
fray the people were forced to depart and were deprived of sermon that 
day. At the earnest desire of the Earl and Sherifif of Caithnes he for- 



1629. 



CHARLES I. 



169 



Decreta, 

Norexnbcr 

1627-Janiiar7 

1690. 

FoL 210, b. 



FoL 211, J 



FoL211, b. 



Cnc&xossioiis. 
1624-30. 
Fol. 198, K 



gave this insolence, receiving a promise from these persons of " more 
respective cari^e " in future. Yet persisting in their intention, they 
hounded on David Caddell of Newtoun in April 1626 to " putt ane 
durke in him and thairafter to have past to the warres of Germanic, 
aflTerming that it sould be good service to them and the countrie people 
whome the compleaner would not suflfer to live at thair awin libertie in 
thair wounted maners," which the said David confessed before the Earl 
of Caithnes. And on 24th June 1627 when these persons understood 
that the complainer was going to Edinburgh on some business, " they 
under ane culloured and simulat forme of f reindship sent Donald Caddell 
for him and invited him to the house of Souddell " in passing, so that 
" as they pretended that they might take good night at him, and deale 
kyndelie with him before his departure." And the said Donald went 
before to advertise his coming. They thereupon procured two broken 
Highlandmen, John Dow and Walter Caldell, to take his life, and ever 
since they have hounded them out for this purpose at all occasions, 
furnishing them with armour and other necessaries, so that he cannot 
safely go about the duties of his calling in the place. Charge having 
been given to the persons named, and the pursuer compearing, but not 
the defenders, the Lords ordain them to be put to the horn and 
escheat. 

Petition by Sir William Ker, lawful son of Sir Robert Ker of Ancrum, Petition bv Sir 
as follows: — In a lawfull way he had enlisted John Young, called offo^'th^^J^ery 
the Myres, for the wars of Holland, who after being for some weeks, ST??^^^ 
entertained at his expense, was apprehended by the Earl of Roxburgh and Jedburgh of 
warded in the tolbooth of Jedburgh. The Earl was then ignorant of Ms wh^had""^' 
enlistment, but on being informed declared his willingness to deliver the tJ^^JJ^^f^ 
said John Young upon their Lordships' warrant, which therefore the Holland, 
petitioner craves. The Lords ordain the provost and bailies of Jedburgh 
to deliver him to the petitioner to be transported with the rest of his 
company. 

Archibald M*^Cawes in Femoche, and Ewin M^Cawes, his son, com- Protestation 
pearing before the Lords, gave in a copy of letters whereby they were i/'Cawes in 
summoned by John M^'Coiie alias Lamount in Femoche, and Sir Coill ^^^^ *°^ 
Lamount of Innerrin, knight, his master, to answer to a complaint M'Cawes, his 
therein set forth. The pursuers had not appeared, and therefore they 
protested that no such complaint should proceed against them, until 
they were charged of new and their expenses paid — which the Lords 
admitted. 

Commission under the Signet to the Sheriff of Berwick and hisHoiyrood 
deputes. Sir John Home of Blacader, John Wilkie of Foulden, and j^ 1529! 
John Ramsay of Edingtoun, or any two of them, as justices, to hold Commission to 
courts and try SamueU Fairlie in Foulden, who has long been suspected sermck and 
of witchcraft, etc. Signed by Hadintoun, Linlithgow, Seafort, Air, g^J^^,^^^^ 
Lome, and Scottistarvett. "^ Fouidean ^ 

' for witchcraft. 



w^ 



170 EEGISTER OF THE COUNCIL. 1629. 

Commission to Commission under the Signet to the Sheriff of Peebles and his J^^^S"®"*' 

PMbies and* deputes, the bailies of the burgh of Peebles, the bailies of the regality FoI. 199, a. 

examine*John ^^ Dalkeith, and the bailies of the regality of Gla^ow, or any two or 

Graham and three of them, to soarch for, imprison and examine John Grahame, 

TOsp^ted of weaver, alias Joke the Grahame, in the parish of , Katharine 

witchcraft. Mairshcll within the parish of Athelstoun, Marion Boyd there, Margaret 

Gowanlocke there, Helen Beatie, midwife, in Menner, Agnes Chalmers in 

the parish of Peebles, Susanna Elphinstoun there, Margaret Terkine 

there, William Thomesoun in Purveshill, William Mathesoun in Kir- 

nauche, Thomas Stoddart in Mylneknow, Agnes Robesoun, vagabond, 

Katherine Broun in Innerlethaine, Marie Johnestoun in the parish of 

Lyntoun, Janet Hendersoun in Blythe, Agnes Thomesoun in Lyntoun, 

Katharine Wode in Sjpittelhauche, Marion Croser in Slipperfeild, Isobel 

Haddock in the parish of Lyntoun, Gilbert Hog in Winkstoun, Patrick 

Lintoun in Melvingsland, Katharene Alexander in the parish of lintoun, 

Bessie Ur there, Janet Achesoun in the parish of Menner, Margaret 

Johnestoun alias Craweswyflfe in the parish of Tracquair, Margaret 

Dicksoun, "bleckster" in Kailyie and Jean Watsoun in the parish of 

Glenquhome, who are " vehementlie suspect" of witchcraft, and whose 

names have been given up in a roll by the Moderator of the presbytery 

of Peebles. Their depositions are to be reported to the Council who 

will thereupon give further orders, but the examination must take place 

within fifteen days after the apprehension of any of the prisoners. 

Signed as above. 

Commission to Commission of justiciary under the Signet to John, Earl of Mar andFoL200,b. 

Mar^*and\£ ^is bailics within the bounds of Bramar, Strathdie, Glengame, Crowmar 

tiSJ!bo^S*of ^^^ Strathdon, belonging to the said Earl, to enforce the laws against 

Braemar murder, slaughter, mutilation, theft and reset of theft, soming, oppres- 

Uws against sion and "pykerie," these crimes being very common there, and the 

othSr CT^es greater boldnes often taken because the injured parties lack means to 

specmed, prosecute the criminals before the Justice, and no one within the said 

quent within bounds has authority to deal with such. The parties prosecuted must be 

boundS! ^^® Earl's own tenants, and he ia authorised to hold courts and deal with 

them according to law. The commission is to endure for one year. 

Signed as above. 

Thereforma- "The quhilk day the articlis produceit be the Bishop of the Ilis Sedenmta, 

Isles!* * towcheing the reformatioun of the Ilis, wer gevin up be [sic ?to] thej^'^^^. 

Advocat to be advisit thairwith." 
Lady « The Lordis continewis the ordour taking with the Lady Abircome 

anent hir removall frome the burgh of Edinburgh till the Erie of 
Monteth his retume." 
Theinfeft- "A letter fromc his Majestic in favouris of the toun of Leethe 

ments of the 

town of Leith. toucheing the productioun of thair inf ef tmentis bef oir the Counsell to be 
considderit be the Counsell: ordanis the t)6un of Edinburgh to be 
chai^eit to ansuer." 



1629. CHAELES I. 171 

B^Ji«tt«»» " Most sacred Soverane. Having caref uUie considderit your Majesteis Hoiyrood 
FoiieSja. three letters sent unto us in the mater contraverted betuix the Lord of jtt^'629. 
Lome and the Ilanders anent the place for halding of the said lord his li^^ ^ ^^ 

,,.,,, .iT-i !•• I Majesty anent 

justice courts, and having had the parteis at diverse dyets before us and the dispute 
heard thair reasons, answers and replyes givin in heiranent, the oneigj^^raand 
standing to the priviledge and conditioun of his infef tment and urging ^ ^^ch* 
that he might keepe courts in anie pairt within the bounds of the North the right of the 
lies, and the other claiming the benefite of the Act of Parliament Sad Justice- 
designing the burgh of Innernes for the justice seate of the North lies, ^^i^^j^ 
quhair they ar willing to answer ; in end after long contestatioun the 
Lord of Lome acquiesced and wes content that the burgh of Innemes 
sould be the ordinarie place for halding of Justice courts, provyding it 
wer not privative nor exclusive of him to keepe courts indefinitelie aganis 
particular delinquents in the lies quhair they dwell. This point being 
Koi. 162, b. opposed be the Ilanders as if thairby they wer to be depryved of the 
common benefite quhilk the lawes of this kingdome allowes unto thame 
for defence of thair lyflfes, seing within no pairt of the lies they can be 
assisted with advice and counsell of advocats who upoim no conditioun 
win be enduced [sic] to repaire to the lies for suche ane earand, beside 
sindrie other inconveniences aUedgit be thame to ensew upon the Lord of 
Lorne his resort and keeping of courts within thair bounds, and this mater 
being vehementlie contraverted on either side we have presoomed in all 
submissive reverence to represent the same to your most judicious and 
royall consideratioun that being directed be your excellent judgement we 
may the more readilie proceid and determine thairin: and till the 
retume of your royall pleasure we have ordained the Lord of Lome to 
forbeare all proceeding aganis anie of the North Islanders be vertew of 
his commissioun. Whainn becaus the course of justice will be inter- 
rupted and ressave some delay we will crave pardoun humbelie to 
intreate your Majestic when your more important eflfaires will permitt 
to latt us know how to carie our selffes heerin, and if your Majestic sail 
be pleased to allow of the Lord of Lome his offer to hold his courts at 
Innemes then he must have your Majesteis warrand to that effect seing 
without the same he can doe nothing, the bui^h of Innemes being 
without the bounds of his commissioun. After this mater was settled in 
the forme and tennour foresaid the Lord of Lome exhibite ane new 
missive from your Majestic quhairin becaus thair wes nothing materiall 
to stay this our conclusioun we medled no farther thairin. And so 
praying, etc. Halyrudhous, 12 Junij 1629. Svhscribitwr, Mar, Hadin- 
toun, Wintoun, Linlithgow, Areskine, Hamiltoun, S' George Elphinstoun, 
Scottstarvet, S' James BaiUie." 

" Most sacred Soverane, We have scene your Majesties two letters Hoiyrood 

,. _ rm ■• -r^ . nrt -I • i HoUSe, 12til 

directed to your Thesaurar and Deputie Thesaurar quhairby your june 1629. 
Majestie hes recommendit unto thame the payment of some gentlemen ^^^Jj' ^ 
of your Privie Chamber and to your Majesteis nurce of thair pensiouns imporing that 



172 



REGISTER OF THE COUNCIL. 



1629. 



the state of 
the Exchequer 
does not per- 
mit such pay- 
ment being 
made to 
certain gentle- 
men of Uie 
Privy Chamber 
as his Majesty 
desires. 



als Weill for tymes bygane as to come, whairin altho your saids officers ^^ai letters, 
out of thair trew acknowledgment of the worth and deserving of these foI. i«2, b. 
gentlemen and of the good services of your nurce would with most 
heartie aflfectioun secund your royall directioun by the forderance of 
thair payment to the uttermost of thair power, yitt they have humbelie 
represented unto us the difficulteis and trew impediments, notour eneugh 
unto us, disabling us to give the same. For your Majesteis Exchecker 
by the manie pressing burdeins lying thairupoun, as namelie by 
precepts, fees, pensiouns and particular assignatiouns of the best pairt of 
your propertie, suche as Orkney, Ha, Kintyre, Dumfermeline, Dumbar, 
and FyflFe, is so exhausted as now there rests little to defray the 
necessarie effaires and daylie interveening services of the state, with the 
dispatches of your Majesteis Counsell and payment of the Lords of 
Sessioun thair allowances bot your customes, quhairin lykewayes thair is 
a verie great and sensible decay by the interruptioun of the trade thir 
diverse yeeres bygane, and thir occurring services ar so important for 
the estait and your Majesteis effaires as of necessitie they must be FoL 163, a. 
preferred to all other payments quhatsomever. And altho your Majesteis 
Thesurar hes most dewtifullie undertane and carefullie and worthilie 
begun to performe and accomplishe the great preparatiouns requisite for 
your royall and contented receptioun heere, yitt he with verie great 
patience abydes the tyme of payment, with dew respect to these urgent 
and necessar effaires quhilks cannot admitt anie delay; and thairfoir 
humbelie intreatting your Majestic not to take offence that thir pay- 
ments recommendit be your Majestic cannot be so tymouslie and readilie 
dispatched as the affectioun and wishes of your officers heartilie requires, 
who will be carefull with the first conveniencie of your Majesteis coffers 
to give unto these your Majesteis servants satisfactioun, we pray, etc. 
Halyrudhous 12 Junij 1629. Subscribitur, Mar, Hadintoun, Wintoun, 
Linlithgow, Areskine, Hamiltoun, S' G. Elphinstoun, Scottistarvett, 
S' James BailKe, S. A. Strauchane." 



Holyrood 
House, 16th 
June 1629. 



Treasurer ; Privy Seal ; Lynlythqu ; Perth ; Bishop 
Bishop of Dunblane ; Lord Arskene ; Lord 
Naper ; Clerk of Eegister ; Advocate ; Justice Clerk ; Sir John 
Scott : Sir James Baillie. 



of Abirdene ; Sodenmts, 

TkT 1 n T J 1625-29. 

MelviU ; Lord foI. 122, a. 



The reforma- 
tion of the 
Islands. 



Anent the 
same. 



" Anent the articlis gevin in be the Bishop of the His aganis the 
Ilandaris, and first, anent the planting of scoolis, the Lordis remittis to 
the Bishop and Ilandaris to consult of the meanes how and of the 
placeis quhair the scoolis salbe select, and to reporte." 

"The Lordis for the Bishop his better informatioun anent the estate of 
his diocie recommendis to the gentlemen of the His to send some honnest 
laymen with the minister of cache parroche to everie synode; lyke astho 



1629. CHAELES I 173 

bedenints, Loidis did intimat to the gentlemen not to hinder the ministeris to repair 
F.L 122, a. to the Synod, under the pane to be callit and censurit for the same." 

" The Lordis ordanis the Bishop to forme and present a draught of the The same, 
commissioun craved be him." 

" Ordanis the Ilismen to concur to the building of kirkis conforme to Building of 

the Act of Parliament." f^^ ^ *^^ 

" That all dew obedience be gevin to the Bischop and his ministers, church dis- 

'> cipline in the 



and that they concur with the Bischop in executioun of churche discipline." f^l 



ies. 



Foi. i22,b. **Thequhilk day Eobert Creichtoun, brother to the Vicount of Air,The Viacount 

declairit that the Vicount of Drumlangrig shew to him that he wes^^]^J^"^ 
content and consentit to a protectioun to be gevin to the Lord Hereis for Hemes, 
fyfteene dayes providing that no thing sould be alterit in the estate of his 
procedingis be suspensioun or otherwayes ; and the Advocat compeirand 
personalie consentit for the Earle of Annandaill." 

5****t, [Sederunt as recorded above.] 1°^^^^.,. 

NoTcmber ^ j House, 16th 

1627-JMiuary June 1629.} 

FoL 212, a. Complaint by John Sinclair of Dunbeth and . . . Mowat of Swinzie, as Suspension of 
follows : — They understand that they have been denounced by the King's ^^SleS to 
Advocate, George, Earl of Caithnes, and Francis Sinclair, his son, for non- 'f j^^^^"" 
compearing to answer to a charge of violently taking away a number of and Mowatt of 
goods belonging to them, and pursuing the said Francis, etc. They 
were never lawfully charged to compear, or they should have done 
so and cleared their innocence, for doing whereof they have found 
caution, as well as for payment of their escheat to the Treasurer, Treasurer 
Depute, and Eeceivers of his Majestys Rents; therefore this horning 
FoL 212, b. should be suspended. Charge having been given to the said Advocate, 
and Earl of Caithnes and his son, and the pursuers compearing as also 
the Advocate personally, and the Earl and his son by William Mortimer, 
their procurator, who did not produce the letters of homing, the Lords 
graQt suspension. 

Complaint by Hercules Guthrie, burgess of Aberdein, as follows : — Complaint by 
He is informed that he has been put to the horn by Mr. William Guild Guthrie, 
and Mr. Alexander Eos, Commissioners for the ministry of the diocese ^^^^^n'^ 
of Aberdein, for not compearing to answer to a complaint of " afiBxing ^^^1^" ^®p^ 
of some infamous pasquills upon the kirk doore and some of the bailleis though he has 
doores of Aberdein." He has now given full satisfaction to the mimstry ^^on from ° 
and magistrates of Aberdein " both anent his religioun and anent the""P^^^®"- 
Pol 213, a. pasquills foresaids ; he hes reconciled himselflfe to the kirk and purged 
himselffe of the wrytting, indytting and making of these pasquills, and 
hes made ane ample confessioun unto thame of all that he knew in that 
mater," as their certificate bears. Parties being cited, and the pursuer 
compearing by Mr. Thomas Mercer, servitor to Sir William Scot, one of 
the Clerks of Session, his procurator, and Mr Alexander Eos compearing 
for himself and Mr. William Guild and consenting to the suspension of 



174 REGISTEE OF THE COITNCIL. 1629. 

the horning, the Lords, after hearing Mr. Thomas Mercer read the letter Docreta, 

1 11 1 * 1 ^1 1 • 1 n -I * A t 1 . 1 . November 

under the hand of the Clerk of the Synod of Aberdein, and written ie27-January 
with consent of the Bishop and brethren of that Synod, suspend thepo^'as^g, 
horning. 
Complaint by Complaint by William Dicksoun and Thomas Dicksoun, " makers of FoU 218, h. 
SckMQ and gowffc ballis in Leith," as follows : — James Melvill, quartermaster to the 
''^**™df^an regiment of the Earl of Morton, pretends that he has a gift from his 
makers in Majcsty's late father, for exacting a " certain impost aflF everie gowflfe 
James wShiSe, ball made within this kingdome," which gift their Lordships had never 
to th^Sri o/ ratified, and on 20 th February last, he sent a number of " lawlesse 
Morton, for souldiours " to the complainer's dwelling houses in Leith, " who after 
their li^s^and manio threatnings and execrable oathes uttered to take thair lyffes they 
steahng their yiQigntlie rcf t and tooke f rome thame ane greate nomber of gowflfe ballis 
quhilkis they had made for his Majesteis use at the desire of Arthure 
NaismJth, indweller in Edinburgh," and the said James Melvill 
publicly avows that he will either take the complainers' lives or 
" disappoint them of thair callings if they grant not unto him the said 
impost." Charge having been given to the said James Melvill and 
pursuers and defender being personally present and heard, and also a 
number of witnesses examined, the Lords find that James Melvill and 
his servants took nineteen " gowffe ballis " from the pursuers most 
unwarrantably, and ordain him to consign £5 as the price thereof in the 
hands of the Clerk of Council to be paid to the pursuers, and also to 
find caution in £100 acted in the Books of Secret Council for the 
Indemnity of the pursuers. 
Complaint by Complaint by William Forbes of Craigiewar, proprietor of the barony FoL 214, a. 
of Craigiewar of Fintrcy and bailie of the regality thereof, and William Eannald, lus 
^^^ and^** officer, as follows : — Complaint having been made to the said bailie and 
Andrew Wood, his depute by some persons against Andrew Wood, son to John Wood 
assault* on hia at the Mill of Fintrie, he caused his said officer cite the said Andrew to 
Uam\>naid. appear and answer thereon on February last, which the said officer 

having done, the said Andrew, " maligning that he durst use anie 
charge against him, he, out of the pride and maUce of his heart, after 
that he had in most disgracefull and contemptuous maner revylled the 
said baillie," assailed the said officer ''with ane great tree," and 
following him as he fled, struck him therewith on the head and other 
parts of his body, " to the great eflfusioun of his blood, and so birsed and 
bruised him with bauche and blae straikes that he hes ever lyin bedfast Foi. 214, b. 
sensyne in great pane and danger of his lyflfe." Further, on the 
of the same month he and John Wood, his father, being fined in a 
fenced court in , and the fine having been intimated to them by the 

said officer and Alexander Sinclare and Robert Udnie, his witnesses, the 
said John Wood pursued the said officer for his life, and wounded Alex- * 
ander Sinclair " with ane great tree brought with him for the purpose." 
Charge having been given to the said John and Andrew Wood, and 



1629. 



CHAELES L 



175 



I^ecreta, 

16S7-Janiiaz7 

16S0. 

Fol 214, b. 



Commtadons, 
1624-30. 
Fol. 199, b. 



Fol 200, 1 



Fol. 201, a. 



they and the pursuers compearing and witnesses having been examined, 
the Lords find that Andrew Wood assailed the said officer with " ane 
great gade or tree," and ordain him to be warded in the tolbooth of 
Edinburgh until they release him, but they assoilzie John Wood, 
as against him the witnesses produced failed to prove any part of the 
complaint. 

Commissioun under the Signet to Colin Campbell of Kilquhome, baron Hoiyrood 
bailie of the barony of Ila, for whom John Campbell, apparent of^^^j^ggs!^ 
Caddell, is to be held to answer, as justice, to hold courts and try Commisaion to 
Duncan M^Intagart in who has been long suspected as a common of mw^me, 

thief, and who in February last was taken by the said John Campbell "with ^^^^^^f' 
ane fang of some stollin hydes of some sheepe and oxin quhilk he con- isi*, to try 
fessed that he had stollin frome Nauchtane M^Keith in Kyllinane." He M*intagar^ a 
also confessed to the theft of a cow from Donald Odochartie, and f or °''°'°'°'' *^®'- 
these thefts was warded in the Castle of Dimyveg. He escaped thence, 
but after diligent search the said John Campbell retook him and recom- 
mitted him as prisoner to the said castle. Signed by Mar, Hadintoun, 
Linlithgow, Perthe, Areskine, Naper, and Scottistarvett. 

Commission under the Signet to Thomas Areskine of Pittodrie, Commission to 
Alexander Strauchane of Glenkindie, John Ferquhairsone of Innercauld, Erakine of 
and Robert Ferquhairsone, his son, Donald Ferquhairsone of Monattrie, ^^^^ "^*^ 
Alaster Ferquhairsone in Allenquhoiche, James Ferquhairsone in appf^^e?^ and 
Innerrey, Donald M^Keinzie in Dalmore, and Thomas M^Keinzie, his Si© Council 
son, jointly and severally, to search for, apprehend and present before theQ^^^^^j 
Coimcil for delivery to the Justice and his deputes, Alexander Grordoim, ^®^'^^*»2^^ 
son natural to the deceased Alexander Gordoun of Aberyeldie, Alaster for the 
M^^Comeis V^Ferrucher, his brother on the mother's side, and Robert johf Stewart 
Smith in Clauchane tume in the barony of Abiryeldie, who on 27th"*^^™^®'- 
May last were put to the horn at the instance of Marjorie Braibner, as 
relict, Duncan Stewart, as son, Robert Stewart in Aberardour, and Arthur 
and James Stewart as brothers, and the remanent kin and friends of the 
deceased John Stewart in Aberardour, for failing to compear before the 
Justice and his deputes to answer for the slaughter of the said John 
Stewart. Power is given of fire and sword and there is a clause of 
immunity. Signed as above. 

Commission of Justiciary under the Signet to Sir John Scot of Scottis- ^Si?i*'*''to°' 
tarvett, knight, Director of Chancery,and the provost and bailies of Cowpar, Sir John 
for enforcing the laws against the slaughter of black fish, smolts, and fry of Scottstarvet 
salmon, which offence has become very common within the Water of Eden, ^y^J^nd 
and the part of it opposite Sir John Scots' lands, and the lands pertaining to |aaies ^ 
the burgh of Cupar. To prevent the further growth of this abuse, the per- enforce laws 
sons foresaid are appointed justices within these bounds, with power to^|^^*^®f 
try and punish oflfenders, provided the penalty strike not upon li^® ^'^^^fi^^ 
member. Exemption from this commission, which is to endure for one of salmon in 
year, is given to the tenants and possessors of the lands belonging to Eden.* 



176 REGISTEE OF THE COUNCIL. 1629. 

Sir Thomas Hoip of Craighall, King's Advocate, and the inhabitants of <^"nMo<»8. 
the lands within the regality of S* Andrewes. Signed by the same FoL aoi, a. 
Lords, substituting Sir James BaiUie for Scottistarvett. 

Hoiyrood Sederunt — ^Treasurer ; President ; Privy Seal ; Wintoun ; Lin- -^February 

Jime 1629. lithgow ; Perth ; Air ; Bishop of Aberdein ; Bishop of Dumblane ; i629. ^ 

Lord Areskine ; Lord Melvill ; Lord Jedburgh ; Lord Naper ; ^"^ ^' ^ 
Clerk of Eegister ; Advocate ; Sir John Scot ; Sir James Baillie. 

Oommwsion « Forsameekill as in the Parliament haldin at Edinburgh in the moneth FoL 122, a. 

appointed for » r^ t ^ ^tmr\ • ^i«ii^ 

the burgh of of Octobcr lo79 ycercs it wes statute and ordained that no person nor 
ei^ree^an^ctP^^o^s sould wilfullic rcmauc frome thair parish kirk in tyme of sermoun 
^f ^^*™®'** or prayers upon the Sabboth day under the pane of twentie shilling to 
1579, which be uplifted of everie person contraveening, to be applyed to 
^SSty^onaU the helpe and releeflfe of the poore in the parish, and in caise 
attend' divine ^^ ^^^ refuisall or iuabilitic of anie person offending in the premisses 
aerviceonthe to pay the Said pane, that presentlie upon thair apprehensioun or 
convictioim, after lawfull tryell, he or she sould be putt and haldin in the 
stockes or suche other ingyne devised for publict punishment for the 
space of twentie foure houres as the said Act of Parliament ordaining 
commissiouns to be givin to some certane persouns in cache parish best 
afifected and most able to putt the said Act of Parliament to executioun 
at lenth beiris ; the executioun of the whilk Act hes beene this long 
tyme bygane neglected within the burgh of Aberdein in default of speciall 
commissioun to execute the same, whairthrow great nombers of the 
inhabitants within the said burgh, especiallie these of the base and meaner 
sort, wilfullie and contemptuouslie remains frome the kirk in tyme of 
sermoun and prayers, and nather by intreatie nor admonitioun can be 
enduced to repaire to the same, whilks is ane verie great offence and ^ 

scandall to the kirk and encourc^ement of persouns not weill affected to 
the religioun to contemne all ordour and discipline of the Kirk. For 
remeid whairof the Lords of Secreit Counsell hes made and constitute and 
be the tennour heirof makes and constituts the proveists [sic] and bailleis 
of Aberdein with the ministers thairof, Thomas Collisoun, Mr. Vedast 
Lawsoun, M. Alexander Jaflfrey, Mr. Robert Ferquhar, Andrew Meldrum, 
Alexander Eamsay, and Mr. Mathow Lumisden, burgesses of Aberdein, 
or anie fyve of thame, the proveist or one of the bailleis or one of the 
ministers, being alwayes present, our soverane Lords commissioners and 
justices in that pairt to the eflfect underwrittin, givand, grantand and 
committand unto thame or anie fyve of thame as said is full power and 
commission, expresse bidding and charge to putt the said Act of Parlia- 
ment to dew and full executioun aganis all and sindrie persons, 
inhabitants within the said burgh, who wilfullie remaines from the kirk 
in tyme of sermoun and prayers ; and for this effect to direct thair 
precepts and to caus warne the saids persons to compeir before thame 



1629. CHAELES I. 177 

Acta February to abide thair tryell and censure, with power lykewayes to thame to 
u^. ^ fence and hold courts and to create officiara and members of court 
Fui 122, b. neidfuU, and to proceid aganis the persouns foresaids contraveenners of the 
said Act by suche lawful! tryell and probatioun as may stand with law 
and justice, witnesses for this purpose to summound, wame, choose and 
cans be swome, ilke person under the pane of twentie shillings ; the 
unlawes and fynes of the court to intromett with and uplift and for the 
same if neid beis to poynd and distreinzie and to the releefife of the 
poore vrithin the 8«ud burgh to apply ; and generallie all and sundrie 
uthers things to doe and use whilks for executioun of the said Act of 
Parliament ar requisite and necessar : Firme and stable balding and for 
to hald all and whatsomever things sail be lawfullie done heerin. Com- 
manding and charging heirby all the saids commissioners to accept this 
commissioim in and upon thame and to putt the same to dew and full 
executioun in all points conforme to the tennour thairof as they will 
answer to the saids Lords upon thair obedience at thair highest charge 
and perreH This commissioun for the space of ane yeere after the 
dait heirof but revocatioun to indure, and forder ay and whill it be 
dischaigit." 

" Forsameekle as Sir Johne Campbell of Caddell, being lawfullie and Charge for the 

11- .i«,. . ii*- ^ ^t^ seizure of the 

ordourue excommumcat for his apostasie and defectioim f rome the trew house of Sir 
religioun, and being thairupon charged to have reconciled himselflfe to of^caddeSf ^^^ 
the Kirk, and to have submitted himselffe to the discipline thairof he wes ^^^^^ 
for dissobedience of that charge upon the threttein day of Marche lastexoommunica. 
denunced our soverane lords rebell and putt to the home, as the letters ii^^i:Sider ^™ 
of horning, execute and indorsat and registrat aganis him, showin to the ^^^ **® ^^"^ 
Lords of Secreit Connsell, beiris ; at the processe of the whilk fearefull 
sentence of excommunicatioun and horning following thairupon the said 
Sir Johne most proudlie and contempnandUe remaines as yitt unrelaxt, 
takand no regaird thairof, hot haunts and frequents publictlie and 
avowedlie in aU pairts of the countrie at his pleasure and injoyes the 
possessioim of his place and fortalice of Caddell whilk he keepes as ane 
starting hole and place of recept for Jesuits, seminarie and messe preists, 
who ar bussie corrupters of his Majest^eis good subjects both in thair 
religioun and allegeance, and in this his place of Caddell he and they 
thinkes thameselffes sure eneugh aganis anie personall executioun can be 
intendit aganis thame, and thereby they ar encouraged to continew in 
thair rebellioun and dissobedience to the high contempt of law and 
FoL 123, •. justice and disgrace of his Majesteis govemement. Thairfoir the Lords 
of Secreit Counsell ordanis letters to be direct charging heralds to pas, 
command and chaise the said Sir Johne Campbell and all uthers 
havers, keepers and deteanners of his towre and fortalice of Caddell, 
to rander and delyver the same to the said herauld, executor of the 
saids letters, and to remove thamselfifes and thair servants f urth thairof 
within sax dayes after the charge under the p^me of treasoun; with 
VOL. m. M 



178 EEGISTEE OF THE COUNCIL. 1629. 

certificatioun to thamc and they failyie they sail be repute, haldin Acta February 
and persewed as tratours and the processe and doome of forfaltour saU i629. 
be led and deduced aganis thame confomie to the lawes of this kingdome." ^°^* ^^» *- 
charg;e against " ForsameekiU as Sir Johne Campbell of Caddell, ane profest and 
ii^iwmmuii- avowed Papist and apostat and ad versa rie to the trew religioun 
j^nSmpbeii pr^^ntlie profest and be law established within this kingdome, being 
of CaddeU, oft tymes warned to have compeired before the presbyterie of Forresse 

who 18 an _"_ _ ,. iii.. « i 

avowed Papist and to have answered upon his apostasie and defectioun frome the 
sontence^of religioun and to have givin ane confessioun of his faith conforme to the 
Scm ™ndTborn- ^^^^^^ ^^ ^^® Kirk, and he maliciouslie and obstinatlie persevering in 
ing, which he his rebellioun and dissobedience, in end after that all the ordinarie 
e e». formaliteis requisite in this kynde wer used aganis him, he wes most 
justlie, worthilie and lawfuUie excommunicat, as the processe of excom- 
municatioun ordourlie led and deduced and the sentence thairof pro- 
nunced aganis him at lenth beiris ; upon the quhilk processe he being 
charged be vertew of our soverane lords letters to have reconciled 
himselffe to the Kirk, and to have submitted himselffe to the dis- 
cipline thairof, he with the lyke contempt and misregaird of law 
and justice, dissobeyed the said charge and wes thairfor upon the 
threttein day of Marche last bypast denunced our soverane lords 
rebell and putt to the home, as the letters of homing execute, 
indorsat and registrat aganis him showin and produced before the Lords 
of Secreit Counsell at lenth beiris ; at the processe of the quhilk fearefull 
sentence of excommunicatioun and homing following thairupon the said 
Sir Johne in contempt of law and justice remains as yitt unrelaxt, 
takand no regaird thairof hot haunts, frequents and repaires publictlie 
and avowedlie in all pairts of the countrie where the necessitie of his 
adoes invites him, busseing himselflfe so far as in him lyes to perswade 
and allure others to embrace and follow his erroneous opiniouns, giving poi. 123, b. 
thairby great occasioun of offence and scandall to the Kirk, besides the 
high and proud contempt of his Majesteis auctoritie ; lykeas he is ressett, 
suppleed and interteanned amongs his familiars and acquaintance in the 
countrie as if he wer ane free and lawfuU subject, whairby he is 
strenthenned and conforted in his Popish opinions and encouraged to 
continew thairin without respect to law and justice. Thairfoir the 
Lords of Secreit Counsell ordains letters to be direct to command, 
charge and inhibite all and sindrie his Majesteis lieges and subjects be 
opin proclamatioun at all places neidfuU that nane of thame presoome 
nor take upon hand to ressett, supplee nor intercommoun with the said 
Sir Johne Campbell nor have intelligence with him be word nor writt 
under whatsumever cuUour or pretext during his rebellioun under the 
pane to be callit, persewed and punished as ressetters, suppleers and 
intercommouners with his Majesteis rebellis with all rigour and 
extremitie to the terrour of uthers." 

Sir John Campbell of Caddell, Mr. Alexander Irwing, burgess of Order for the 
Aberdein, Thomas Meinzeis of Balgownie, Mr. Robert Bissat of Lessin- hauam of sxr* 



1629. CHARLES L 179 

^^^|^*«™**7drum, John Gordoun of Craig, James Forbes of Blacktonn, Thomas John Campbell 
1629. Cheyne of Raynistomi, William Seatoun of Blair, Alexander Gordoun of and others, aii 

F.J. 123. b. TUUgreg, Patrick Gordoun of Tillisoule, and Margaret Gordoun, goodwife fh^h^*'"'^ *^ 
of Cormellat, having been for nonconformity excommunicated by the 
Kirk, and also put to the horn for that cause and for disobedience to 
the High Conmiission of the Kirk, to which they pay no heed, but go 
about publicly as if they were free and lawful subjects, and enjoy the 
Foi. 124, lu possession of their houses and goods (which now pertain to his Majesty 
as escheat), whereby they are not only encouraged themselves " in thair 
Popish courses bot ar enabled to show comfort and supplee to Jesuits, 
seminarie and messe priests, who hes ane frequent resort and repaire in 
the north pairts of this kingdome and corrupts his Majesteis good 
subjects both in thair religioun and allegeance," the Lords ordain officers 
of arms to pass and seize the houses of these rebels foresaid, remove 
them therefrom and keep these houses in his Majesty's name and to 
his behalf, during the period of their excommimication and rebellion ; 
also to search for, compryse, poind and distrain their whole goods, and 
inbring and account for the same in his Majesty's Exchequer. Charge 
is given to all the lieges to assist the said officers in the execution of 
this charge upon their highest peril, and also to these officers to accept 
and dutifully execute the same, as they will answer to the Council and 
upon the peril of their offices. 

itecreta, [Sederunt as recorded above.] 5**^y^o ^ 

Norember House, 18th 

1627 -January June 1629. 

i\^*2i5, a. Complaint by Sir Thomas Hoip of Craighall, King's Advocate, John CompUnt by 
Simsoun in Prentatioun, Janet Borthuick, his spouse, Janet Melrose, in Prentatioun, 
his servitrix, , servitrix to Patrick Blakie, sometime ^^^stSr 

in Prentatioim, and Dame LiUas Ker, Lady Borthuick, for her interest, ^g®«jj[|^^« 
as follows : — Though the wearing of hagbuts and pistols, and the and others for 
convocation of the lieges in arms have been often prohibited, yet SirSSmesucken. 
James Pringill of Galoscheills, pretending some right to the lands in 
Prentatioun belonging heritably to the said Lady Borthuick and occupied 
for many years past by the said John Simsoun, and "disdaining to 
persew this his right, if he anie hes, be ordour of law, he hes resolved be 
way of deid, bangsterie and oppressioun to debarre and seclude thame 
thairfra." On 27th May last, he sent William Ormestoun, servitor to 
James Pringill, his eldest son, to the said John Simsoim's dwelling house, 
with the messs^e to warn him to remove with his goods and geir from 
these lands " or ellis his skinne should pay for it." Within an hour 
afterwards he sent James Howesoun in OversheiUs with a similar 

Foi. 215, K message ; and shortly after that he sent John Pringill, his sister's son, 
with the like message, and threatening that if he disobeyed, 
" both his and the best of his hous skinne sould pay for 
it and all his kin sould never gett with wha did it." Next 



180 REGISTEE OF THE COUNCIL 1629. 

day he sent the said James Pringill, his eldest son, to John^reta, 
Simsoun's dwelling house, who meeting his wife addressed her thus i627-January 
"'Ant, yee ar fell stout to abide so manie warnings. It seemes yoWp^2i5 b. 
would have ane new goodman, for this goodmans skinne sail pay for it,' 
and with that he immediately hounded ane nomber of mastish dogges 
at the said Johnes nolt and sheepe and chaist thame twa myle aflf the 
ground." That same night the said James Pringill, John Pringill, sister's 
son to the said Sir James, Thomas Wikoun, William Broim, William 
Stirline and William Peacoeke, tenants and servants to the said Sir 
James, and other persons to the number of forty, came armed with 
swords, staves, forkes, hagbuts and pistols, under cloud and silence of 
night, by way of hamesucken to the said John Simsoun's dwelling house, 
and surrounding it, shot in at the windows with their hagbuts, demolished 
the roof of the house " whereat the said Thomas Wilsoim entered, and 
the remanent persons foresaids brake up the doores of the hous and 
forciblie entered within the same, stobbed the beds whair sucking bames 
wer lying with drawin swords and forkes and went in a furious manor I 

athort all the comers of the hous seeking the said Johne of purpose to have I 

slaine him, hurt and woundit his poore wyfife and bames with manie 
bauche, blae and bloodie straikes, cutted the bands whairwith his nolt 
wes bound and drave thame in upon his bames, and so stffrighted the 
said that ever sensyne her judgement hes beene greatlie 

distempered." Further, on 5 th June instant the same persons, armed 
as said is, came at the direction of the said Sir James to where the j 

complainers' cattle were pasturing, " hounded great mastish dogges at the i 

poore beasts, kuist stones at thame, hurt and woundit the said Jonnet ! 

Melros with great rungs to the eflfusioun of her blood, dischargit thair ' 

pistolets at the said Johne Simsoun " and forced them to flee for their ' 

lives. Charge having been given to the persons named, and the pursuers FoL 216, a. 
compearing, and of the defenders the said Sir James and his son only, 
the Lords, after hearing the depositions of certain witnesses who failed ! 

in proving any point of the complaint, assoilzies the defenders. I 

Complaint by Complaint by the King's Advocate as follows: — In contravention of 
Advocate the laws prohibiting the wearing of hagbuts and pistols Hew Hill in 
SuHn WosT West Seate of Gartly has for several years, and specially in November, 
Q^m for I^Gcember and January last, daily worn these weapons for purposes of Foi. 216, b. 
the wearing of private revcngc. Chaise having been given to the said Hew Hill, and also 
p^£. "* to Thomas Strauchane in West Seate of Gartlie, William Tarsie and Patrick 
Hill there, Thomas Paxtoun in Miltoun Casteltoun of Strabogie and 
Alexander Jossieman of Westertoun, as witnesses, and the Advocate 
compearing but none of those charged, the Lords ordain them to be put 
to the horn and escheat, 
tenl^''''''' Complaint by Sir John Home of North Berwick, as follows :— Their 
against Sir Lordships havc caused him to be put to the hom at the instance of Sir 

John Home of -» «._ 

North Berwick James Hamiltoun of Preistfeild, for not exhibiting Robert Forbes in 



1629. 



CHAELES I. 



181 



N'orember 
1627-Jftauanr 

fa 216, b. 



FoL217,i 



Sedenmts, 
1G25-29. 
Kol. 122, b. 



Pol 123, f 



North Berwick as his man, though the complainers did nothing in that anent the cfuw 
mater to give any offence to the said Sir James, " he being ane gentle- of Robert 
man unto whome the compleaner careis als great and loving ane respect f^'"^^'^" 
of dewtie and freindship as to anie gentleman in the countrey and will 5?°^'^}**?,^' 
be verie loathe in anie case to wrong him." For the matter itself heseefl»te,p.i63. 
stated the case truly to their Lordships — " the said Eobert is fled for 
feare of the said Sir James, and it lyes not in his power to exhibite 
him." However he has found caution in 1000 merks this day either to 
present the said Eobert Forbes, or two as sufficient men, and his horning 
should therefore be suspended. Charge having been given to the said 
Sir James, and the pursuer compearing and exhibiting the said Eobert 
Forbes, and the defender also compearing, the Lords suspend the homing 
as craved, and ordain Eobert Forbes to be delivered up to the said Sir 
James Hamiltoun as his fugitive soldier. 

"The Lordis cou tine wis the course and wayis how the frequent -^ent the 
pesorte of noblemen and otheris to Courte may be restreaned till a more men to the 
frequent meeting of the Counsell, and in the meantyme ordanis the actis ^^^' 
maid for this purpois to be looked oute and produceit." 

" That a missive be direct to the provest and baillies of Abirdene, Anent the 
that nane be admitted to beare oflSce of magistracie within the same AberdMnf ^' 
who ar suspect in rehgioun thameselffis or whose wyifis and famileis ar 
excommunicat. " 

" The whilk day the Earle of Angus his sone wes ordanit to remayneThe Earl of 
with M' Johne Adamesoun xv dayis." son. 

" The whilk day the articlis gevin in be the Bishop of the Ills and con- The reforma- 
cludit be the Counsell concerning some reformatioun in these boundis isi^.^ ^ 
wer intimate to Sir Donald M^'Donald, Johne M^^Cleud of Hereis, 
Lauchlane M^^Kynnoim of Strathurdaill, and to the young Laird of Coill, 
and the obedience thairof recommendit unto thame." 

" The Lordis dispenses with the personis abonewritin and with the The same. 
Capitane of Clanrannald and the Laird of Coill, eldair, thair not com- 
peirance upoun the tent day of Julij nixt." 

"Sir Donald Gorme, cautioner for the Capitane of Clanrannald his Sir Donald 
compeirance upoun the tent of Julij 1630 and for observing of the Captain of 
remanent conditionis till that tyme." cianranaid. 



^oomnasioiM, 
FoL 201, b. 



Utte«, 



1( 
Fcil68,b, 



Commission under the Signet to David Brodie of that Ilk, Alexander Hoiyrood 
Brodie, portioner of Ejnlosse, and , Commissary of Morey, BSjnnei629, 

justices, to hold courts and try John Hasben in Calseat, Bessie Fraser, ST?^^ *° 
his spouse, Janet Brodie, spouse to David Lawsoun in Craigheid, Janet of that iik and 
Baxter in Mylnetoun of Moynes and Elspet Dunbar there, who have been j^^^b^i 
long suspected of witchcraft. Signed by Mar, Monteith, Hadintoun.»^j|^o*^™for 
Wintoun, Linlithgow, Aire, Areskine, Sir Thomas Hoip, and 
Scottistarvett. 

" Most Sacred Soverane, May it please your Majestic, for obedience of Hoiyrood 
your Majesteis letter directed unto us ordaining the indentour andj,;^629. 



182 EEGISTEE OF THE COUNCIL. 1629. 

^^^^ ^^ . backeband made betuix the Lord Naper and Eobert Welthen, Serjant of Royal Letters. 
the indenture your Confectionaiie, anent the furnishing of confectiouns during your foL 163, b. 
Napier and Majesteis abode in this kingdome, to be produced and cancelled by us, in 
Sen touchinir ^^^P^^^ 7^^^ Majestie after dew consideratioun of that bargane hes dis- 
the furnishing charged the same, we callit before us the Lord Naper and required bun 
during^ia^*" to producc the saids writts, who taking the mater to his advisement for 
Majesty'svisit ^ certauc tymc thairafter gave in his answer subscryvit with his hand (a 
just extract quhairof we have sent heerewith under the subscriptioun of 
your Clerk of Eegister), notwithstanding of the whiche answer and of all 
other reasouns propounded by him to the contrarie, being fullie advised 
thairwith we ordained him to produce the said indentour and backe- 
band according to the command contained in your Majesteis letter, whiche 
he refuising to doe, we have delayed to urge him thairto quhill your 
Majestie be gratiouslie pleased to expresse your farther will and 
directioun anent the forme of proceedour for satisfeing your Majesteis 
former command and our ordinance. And altho we cannot hot acknow- 
ledge that Sir James Baillie, according to the reference of your Majesteis 
letter, most dewtifullie offered to have made knowin unto us all that 
proceedit in this purpose yitt we have delayed to ressave his informa- 
tioun till we heare your Majesteis pleasure thereanent. So we pray God 
earnestlie to continew your Majestie long in a blessed and happie raigne 
over us. Subscribitur, Mar Th", Monteith, Hadinton, Winton, Linlith- 
gow, Aire, Areskine, Hamiltoun. Halyrudhous, 19 Junij 1629.'* 
HoiSe^*mb " After our verie heartilie commendatiouns. Whereas amongs the Foi. 164, a. 
June 1629. mauie caussis quhilks procure the grouth and increasse of Poperie 
Provost, within this kingdome and the emboldening of persouns popishhe disposed 
CoSndJ of*^ to continew in thair erroneous opiniouns to the ofifence of God, scandall of 
hHH^^TJ*"^' ^^^ Eirk, and disgrace of his Majesteis goveriiement, the preferring and 
to elect Papists ad vanceing of thame to places and offices of magistracie is not the least, 
the^saidburgh. q^bilk being wisclic foreseene be the Estaits of thiskingdomeconveennedin 
the High Court of Parliament, it wes decreed be thame that nane sould be 
preferred to beare anie publict office or charge within the kingdome hot 
suche as profest the trew religioun established within the same ; quhairin 
becaus some suspicioun hes beene had that within that burgh suche 
regaird hes not beene had to the observatioun of the law as the import- 
ance of the cans requires, we have thairfoir thought meet to make yow 
foreseene quhat becometh yow in dewtie in this point, and how farre 
yow may draw your selflfes within the compasse of offence and breake of 
the law if anie neglect or failyie sail fall out on your pairt at the nixt 
electioun of your magistrats; requeisting and desiring yow, as yow 
respect his Majesteis obedience and contentment and the weale and 
credite of your toun, that yow have a speciall cair and regaird that at 
your nixt electioun nane be preferred who ar ather suspect thameselffes 
in religioun, or whois wyffes and famileis ar excommunicat for that cans ; 
quhairin not doubting of your respective and dewtifull obedience, as yow 



1629. CHARLES I. 183 

Royal i^fetera, will answer upoun the contrarie at your perrell, we committ, etc. 

FoLl«4,a. Halyrudhous, 19 Junij 1629, Stibscribitur, Mar, Monteith, Hadinton, 
Wintoun, Linlithgow, Air, Areskine, S' Thomas Hoip, Scottistarvett." 

Fd 170, b. " Charles R, Right trustie, etc. Whereas we ar informed that it is Greenwich, 

speciaUie provydit by Act of Parliament and Privie Counsell of that our 1629. ^^^ 
kingdome that no persons be admitted fac tours at Camphire for the letter from 
Scotish trade thair bot suche who give thair oath unto our Conservatour directing' tLt 
forgiving dew obedience to the lawes of that kingdome ; and being lyke- apj^lnud ^ 
wayes informed that some factours have in a most contemptuous maner factors at 

_ CampTere 

refuised to conforme thameselffes to these Acts, and that the wedowes of except such as 
diverse of thame have assumed the libertie of the Estaits of the United Jh^^eivM^the 
Provinces in seazing upon the cheefest or greatest pairt of the goods ^^^^^ °' ^ 
remaining in the custodie of thair deceassed husbands, thairby defrauding 
the just awners thairof residing within that our kingdome, to the great 
hurt thairof and contempt of our auctorititie and lawes ; for the tymelie 
preventing of the lyke whairof heerafter, our speciall pleasure is, after 
yow have serioush'e considderit heirof, and if yow find the premissis to 
be suche as is affirmed, that yow considder of some fitt remedie for the 
same, ather by causing make ane Act of new or by causing adde to these 
former acts, that no persoun quhatsoever sail be admitted nor continued 
factours bot suche who with thameselflfes thair parents and wy fifes doe reallie 
acknowledge us to be thair supreme head and governour and doe con- 
tinew to be subject unto our lawes and to none ellis, thair wyflFes renun- 
cing all libertie of the saids States and taking thameselfifes to be subject 
unto us and the lawes of that kingdome, giving to this purpose thair 
oathes of obedience unto the said Conservatour quhen he sail requyre 
the same, or otherwise that yow take suche ane course heerin as yow 
in your judgement sail thinke most fitt for the good of that kingdome. 
And understanding how muche able and discreit persouns quho ar to 
PoL 171, a. beare charge at that churche may contribute for the better observing of 
these things ; and quhairas we have beene pleased to write unto the 
right reverend father in God and our trustie and weilbelovit counsellour, 
the Archbishop of St. Andrewes, that none be admitted nor continued to 
beare charge in that church bot suche as ar weill affected to our ser- 
vice and to the good and credite of that our kingdome and who sail 
freelie for these respects give thair oath of obedience unto our said 
Conservatour, our further pleasure is that (if neid be), yow interpone 
your auctoritie that none bear charge at the said churche bot suche as 
conforme thameselfifes as aforesaid, and who doe actuallie injoy the 
liberteis of our said kingdome ; whiche recommending to your speciall 
care, we bid yow heartilie fareweill. Frome our Mannour of Greene- 
wiche, the 19 day of June 1629." 

Sederunt — Treasurer ; President ; Privy Seal ; Wintoun ; Perth ; 



184 EEGISTEE OF THE COUNCIL 1629. 

Hoiyrood Dumblane : Lord Areskine ; Lord Melvill : Clerk of Eegister ; Acsta February 

House, 23rd a j 4. 162&-July 

June 1629. AdVOCat. 1629. 

Fol 124, a. 

Charge, in " Forsameeklo as the Kings Majestic, having heard diverse complaints 
^th a m^ve of the great increasse and daylie growth of Poperie within this kingdome 
SSe^ and of the proud and insolent behaviour and carij^e of Papists ; and 
fortheineeting being alsua importuned daylie by sindrie of that sect compleaning that 
on July 23rd they ar more strictlie and severelie dealt with all and putt at nor manie ^°^- ^^» ^• 
CounciT^d others who ar alyke guiltie and yitt overseene and spaired, thairf oir his 
ti^'^Ttif" Majestic out of that princelie, fatherlie and zealous care, whilk he hes 
ciergf7,whoareof the floorishing of the gospell and trew religioun and the good of the 
the^^e^ Church and peace of this his ancient kingdome, hes concluded and 
i^^^SswSthin ftPPoiD^ted t^^t ^^^ meiting sail be keeped at Halyrudhous upon the 
tbeirrespectiyetwentie thrid day of Julij nixtocome by his Majesteis whole counsellours 
likewise for and clergic, viz. : the archbishops, bishops and suche commissioners of 
from^Sr^ thair dioceis as they sail thinke fittest, who sail bring with thame and 
country of aU producc bcforc thcsc who sail be assembled at that meiting the names of 
trafficking all the profcst Papists within thair bounds and dioceis, als weill these who 
Papists. ^^ ^^^ ^ yl^^ ^ these who be alreadie excommunicated and denunced 

his Majesteis rebel! is, to the intent his Majesteis Counsell may resolve 
upon suche ane solide course to be prosecuted aganis thame as they sail 
thinke fittest for reclaiming of the tractable and obedient and for dew 
censuring and repressing of the insolent, stubbume and refractarie sort 
thairof. Thairfoir the Lords of Secreit CounseU according to ane 
warrand and directioun in writt signed be the Kings Majestic and 
directed unto thame, ordains letters to be direct to make intimatioun and 
publicatioun of this his Majesteis resolutioun and directioun be opin 
proclamatioun at the mercat croces of the head burrowes of this 
kingdome and others places neidfuU, and to wame and require all his 
Majesteis counsellors, prelats and commissioners to be nominat be thame, 
that they and everie ane of thame compeir and meit at the day and 
place and for the purpose foresaid ; and in the meane tyme it is his 
Majesteis pleasure that all petitiouns and offers to be made be anie 
Papists be referred and continewed to that meeting and there to be 
propouned to be takin ordour with. And becaus the cheefe occasioun 
of the increasse of that superstitious professioun is the frequent resort 
and ressett of preists, Jesuits and traflBquing Papists within this king- 
dome ; Thairfoir it is his Majesteis expresse will, command and directioun 
that all suche persouns sail be removed out of this kingdome and that 
thair receavers sail be punished according to the lawes thairof ; and for 
this effect to command and charge all the saids Jesuits, preists and 
traffiquing Papists that they and everie ane of thame remove and depart 
furth of this kingdome within fourtie dayes after publicatioun heirof 
under the pane of deid ; and if anie of thame sail be found within this 
kingdome after the expyring of the said tyme and space it is hereby 



1629. CHAELES I. 185 

Acta Pebmary declared to be lawfull to anie of his Majesteis subjects whatsomever to 

1529. ^ take and apprehend thame and to present thaine before his Majesteis 

FoL 126, a. Counsell to be punished at thair directioun conf orme to the lawes of this 

kingdome. Followes his Majesteis missive for warrand of the act 

abonewritten : — ^Charles R, Eight trustie and right weilbelovit cousine 

and counsellour, right trustie and weilbelovit cousins and counsellours, 

trustie and weilbelovit cousins and counsellours, and trustie and 

weilbelovit counsellours, we greete yow well. Whereas diverse 

complaints have beene made unto us both by yow and the 

clergie of that our kingdome of the great increase and insoleiiceis of 

Papists, as alsua being daylie importunned by sindrie of that sect 

compleaning that they ar more strictlie and severelie dealt withall and 

putt at nor manie others who ar alyke guiltie and yitt overseene and 

spaired, thairfoir we out of that princelie, fatherlie and zealous care 

whiche we have of the floorishing of the gospell and trew religioun, the 

good of the churche and peace of that our ancient kingdome, have 

concluded and doe heirby require yow to appoint ane meeting to be 

keeped at Halyrudhouse upon the twentie thrid day of Julij nixt by our 

whole counsellours and clergie, viz., the archbishops, bishops £tnd suche 

commissioners of thair dioceses as they thinke fittest who sail bring with. 

thame and produce before these assembled at that meeting the names of 

all the profest Papists within thair bounds and dioceis, als weill these 

who ar not as yitt as these who be alreadie excommunicated and 

denounced our rebellis, to the effect yow may resolve upon such ane 

solide course to be prosecuted aganis thame as yow sail thinke fittest 

for reclameing of the tractable and obedient and for dew censuring and 

repressing the insolent, stubburne and refractarie sort thairof: and 

we will yow to cans intimat this our resolutioim be publict pro- 

clamatiouns at the mercat crosses requisite that all our counsellours, 

prelats and commissioners to be nominat be thame may be required to 

compeir and meit at the said day ; and in the meane tyme that all 

petitions and offers to be made be anie Papists be referred and continued 

to that meeting, and there to be propounded to be takin ordour with. 

And becaus the cheefe occasioun of the increasse of that superstitious 

professioun is the frequent resort and recept of preists, Jesuits, and 

traffiquing Papists within that kingdome, thairfoir we have thought 

fitting that all suche persons sail be removed out of the kingdome and 

Foi. i25,u thair receavers punished according to the lawes thairof, and to that 

effect that yow cans proclamatioun be made at all crosses requisite 

charging thame all to remove within fourtie dayes after the publicatioun 

thairof under the pane of death ; and if any sail be found within the 

kingdome after the expyring of the said tyme and space, it sail be 

lawfull to anie subject whatsoever to take and apprehend thame and 

present thame before the Counsell to be punished at thair directioun 

according to the lawes. And we require yow to give commissioun to 



186 EEGISTER OF THE COUNCIL. 1629. 

all shireffs, justices of peace and others officials requisite for thair Acta February 
apprehensioun. So hoping yow will have ane speciall care of thei629. ^^ 
premisses, we bid yow heartilie fareweill. From our Court at^^^'^^'*** 
Greenewiche the 12 day of June 1629." 
S^a^jeitT " Forsameekle as the Kings Majestic oonsiddering the dangerous 
dipectinj that consequcnccs following upon the preferment of Papists to Counsell, 
Privy CouncO, judicatorcis, commissiouns and other determinations and effaires of 
hoWing?^^ this kingdome, contrarie to the lawes, acts and statuts of the same, and 
of tnis^s^ his Majestie being informed that the saids Papists ar vehementlie 
Communion suspected to have dispensatioun frome thair oaths and to mainteane 
Soiy^x)5 *** equivocatiouns as if they wer not tyed in conscience to performe what 
huTfiSlwtv ^^®y sweare ; and his Majestie conceaving the dew participatioun of the 
may ascertain halic commuuioun to be ane readie and eusie way of discoverie of 
truereH^on, recusants who mauic tymes taking the oath of allegeance doe usuallie 
Sat ^Jarwir J^tume to thair vomite agane ior all thair simulat professioun of 
Majesty's the trcw religioun ; and this being ane mater of high and dangerous 

subjects shaU • „. ? i. ? ^ .1 i^ « 

celebrate the conscqucnce espcciallie among suche as ar preferred to the Counsell 
once""yeM in ^^^ othcrs judicatorcis, his Majestie cannot in his princelie respect 
their respec- to the good of this his aucieut kingdome bot be verie sensible 
churches. hcirof and of the wholesome advice givin unto his Majestie for remedie 
of the same, hoping also that the dew administratioun of the said 
communioun will muche conduce to that purpose. And thairfoir it is his 
Majesteis speciall pleasure, lykeas the Lords of his Majesteis Privie 
Counsell according to his Majesteis royall directioun in this point ordains 
and commands that the communioun sail be dewlie and ordourlie 
celebrated everie quarter in his Majesteis chappell at Halyrudhous, and 
that for this first quarter it sail be celebrated in the said chappell upon 
Sunday the twentie sax day of the moneth of Julij nixtocome, and that 
the Lords of Privie Counsell, commissioners of the High Commissioun, 
Exchecker, Justiciarie, the Lords of Sessioun, advocate, clerkes, wrytters 
to the signet, keepers of his Majesteis scales, registers and wrytters 
thairto, togidder with the Commissars of Edinburgh and thair clerkes, 
and the clerkes and members of Justiciarie sail communicat in the said 
chappell quarterlie, at the least once in everie yeere, and that the deane Foi. 126, a. 
of the chappell certifie unto his Majesteis Counsell quarterlie the names 
of the communicants and the names of suche of the foresaids persons as 
sail happin to refuise or to neglect so to communicat, that by directiouns 
frome his Majesteis Counsell suche of thame as sail happin to forbeare 
receaving of the communioun in the said chappell may be alsua required 
by his Majesteis Counsell to forbeare the executioun of thair severall 
places till they bring the deane of the chappellis testimoniall or certificat 
of thair receaving of the halie communioun in the said chappell aa afore- 
said ; and ordains letters to be direct to make publicatioun heirof be 
opin pfoclamatioun at the mercat croce of Edinburgh and others places 
ueidfull whairtbrow nane pretend ignorance of the same; and to 



1629. CHARLES I. 187 

r^d'"*^ command and charge all and sindrie persons of the rankes and qualiteis 
\9S. particularlie abonewrittin to prepare thameselfifes and to receave the said 

"**" halie communioun upon Sunday the said twentie sax day of Julij 
nixtocome in the said chappell at Halyrudhous where his Majestic hes 
appointed the same to be readie aganis that day ; and alsua to command 
and charge all others his Majesteis good subjects of this kingdome to 
communicat at thair severall parish kirks once in everie yeere at least, 
and that the incumbent ministers of every parish certifie the names of 
the not-communicants under thair hands to the ordinarie archbishops 
and bishops of thair severall dioceis, and that the saids archbishops and 
bishops certifie thair names imder thair hands to the Lords of his 
Majesteis Privie Counsell yeerelie to be registrat in the bookes of Privie 
Coonsell, whairby suche persouns may be prevented frome being 
preferred to anie judicatoreis or other offices within the kingdome, or 
removed frome the saids offices and judicatoreis as vehementlie suspected 
of Poperie untill they sail communicat as aforesaid. Followes his 
Majesteis missive for warrand of the act abonewrittin: — Charles R, 
Right trustie and right weilbelovit cousine and counsellour, right trustie 
and weilbelovit cousins and counsellours, trustie and weilbelovit cousins 
and counsellours, and trustie and weilbelovit counsellours, we greete yow 
Weill. Whereas upon inf ormatioun givin unto yow in name of our clergie 
of the greefe and danger apprehended by the most pairt of our 
subjects best aflfected to religioun, yow did latelie wryte unto us of 
the dangerous consequences following upon the preferment of Papists 
to the Counsell, judicatoreis, commissions and others determinations 
of the effaires of that our kingdome, contrarie to the lawes, acts 
Foi. 128, K and statuts of the said kingdome in that case provyded, as also we 
being informed by your said letter that the saids Papists ar vehementlie 
suspected to have dispensatioim frome thair oathes and to mainteane 
equivocatiouns as if they wer not tyed in conscience to performe what 
they sweare : And we, conceaving the dew participatioun of the halie 
communioun to be ane readie and easie way of discoverie of recusants, 
who manic tymes after thair taking the oath of alledgeance doe usuallie 
retume to thair vomite againe for all thair simulat professiouns of the 
trew religioun ; and this being ane mater of high and dangerous 
consequence, especiallie among suche as ar preferred to the Counsell and 
other judicatoreis, we cannot in our princelie respect to the good of that 
our ancient kingdome hot be verie sensible thairof and of your whole- 
some advice givin unto us for remedie of the same, hoping also that the 
dew administratioun of the said communioun will muche conduce to that 
purpose ; our pleasure thairfoir is, and we doe heirby will and require 
yow to give present ordour that the communion may be dewlie and 
ordourlie celebrated everie quarter in our chappell at Halyrudhous, and 
that the Lords of our Privie Counsell, commissioners of our High Com- 
missioun, Excheker, Justiciarie, and the Lords of Sessioun, Advocats, 



188 REGISTER OF THE COUNCIL 1629. 

clerkes, wrytters to the signet, keepers of our seales, registers and Acta February 
wrytters thairunto, togidder with the Commissars of Edinburgh and thairi629. "^ 
clerkes, and the clerkes and members of justiciarie, may communicat in ^^^ ^^' ^* 
our said chappell quarterlie, or at the least once in everie yeere ; and 
that the deane of our chappell may certifie unto yow quarterlie the 
names of the communicants and the names of suche of the foresaids 
persouns as sail happin to refuise or neglect so to communicate, that 
by directiouns frome yow suche of thame as sail happin to forbeare 
receaving the communioun in the said chappell may be also required by 
yow to forbeare the executioun of thair severall places untill they may 
bring the deane of our chappells testimoniall or certificate of thair 
receaving the hohe communioun in our said chappell as aforesaide. 
And our forder pleasure is that by proclamatioun or otherwayes yow 
cans require the saids persouns to receave the said holie communioun 
upon the twentie one [sic] day of Julij nixtocome in the said chappell 
where we have appointed the same to be readie against that day ; and also 
to require all others our good subjects of our said kingdome to communi- 
CHte at thair severall parish churches once in everie yeere at least, and 
that the incumbent ministers of everie parish may certifie the names of 
the not communicants under thair hands to the ordinarie archbishops 
or bishops of thair severall dioceis and the saids archbishops and Foi. 127, a. 
bishops to our Secreit Counsell yeerelie to be registrat in the bookes of 
Counsell whairby suche persoims may be prevented frome being preferred 
to anie judicatoreis or other offices within our said kingdome, or removed 
frome" the saids judicatoreis or other offices as vehementlie suspected of 
Poperie untill they sail happin to communicat as aforesaid. So recom- 
mending the whole premisses to your speciall care, we bid yow heartilie 
fareweill. Frome our Court at Greenewiche the 12 day of June, 
1629." 
Charge to th6 " Forsamcckle as in the taxatioun grantit to his Majestic be his 

vassals, feuars, 

tacksmen, and Estaits m the moncth of October j"*vj® and twentie fyve yeeres ms 
Sebene^' Majcstie hcs nor nather can gett payment of the fourt termes payment 
°'i^?^^*^^° of that pairt of the taxatioun which is imposed and dew to be payed for 

and Lindores ••• ^ r y 

to pay their the lordships of Ncwbottlc and Lundores in regaird there is not ane 

j^rtions^of the persouu who Can be formallie burdenned and charged for the same, and 

^d benefi'cM* whcrcas it is nowayes reasonable that his Majestic sould be defraudit 

to George, of his just taxatioun of the saids lordships, speciallie seing thair is 

Duppiin. perfyte stent rollis made and sett doun of the samine for releeffe of the 

beneficed persouns thairof, Thairfoir and for the furtherance of his 

Majesteis payment of the saids taxatiouns, the Lords of Secreit Counsell 

ordains and commands Archibald Prymrois, clerk of the taxatiouns, 

to give warrand for directing of letters upon the saids twa stent rollis 

charging the vassalls, f ewers, tacksmen, and pensioners of the said 

benefices, ilke ane of thame respective for thair awin pairts, to make 

payment to George, Vicount of Dupline, CoUectour of the said taxatioun 



1629. CHAELES I. . 189 

ActaFibruary gran tit in October 1625 yeers, and to ouche others as sail have warrand 
isS. and power frome him, of that portioun of the said taxatioun whilk is 

FoL 127, a. imposed upon the saids vassalls, fewers, tacksmen and pensioners of the 
saids lordships, ilke ane of thame for thair awin pairts respective, con- 
forme to the saids stent roliis within twentie dayes nixt after the 
charge under the pane of horning, and if they failyie, to denunce, etc. 
Lykeas the saids Lords heirby declairs that the acquittances and 
discharges to be givin be the said collectour and his deputs to the 
vassalls, tacksmen, and uthers foresaids upon payment of thair taxatioun 
sail be valide and sufficient to the parteis receavers and sail liberat 
thame thairof at the hands of all parteis having interesse. For doing 
whairof the extract of these presents sail be unto the said clerk of the 
taxatiouns and uthers whome it efifeirs ane sufficient warrand," 

^^r " [Sederunt as recorded above.] Hoiyrood 

1627-January ^^^'3^ 

l^ ' June 1629. 

Foi.'2i7,a. Complaint by William Braikinrig in elevens, as follows: — Thomas complaint by 
FoL 217, b. Stewart, Eobert Cuthbert, and John Henrie, all in Barrassie, and James ^aWidgo 
Stewart in Hoill, having conceived a hatred against him and resolved to in elevens 
execute their malice, '* trysted to meit togidder in the burgh of Air" on^mas 

May last when they understood he was to be there on business, othera'fo^^ 
He and they accordingly met and in a friendly manner they invited himMsauit 
to drink with them in the dwelling house of , burgess of 

Air, to which he acceded. While sitting at table the said 
offered him a drink, but as he was putting out his hand to take it the 
oflTerer " slang the cup " upon his face, " and brake his face to the great 
eflFusion of his blood. And than they all come behind the compleaners 
hacks and with thair whole force rasched his face upon the side of the 
boord, dang out three of his teeth and rave his goomes, and had not failed 
to haveslaine him," if some well-disposed persons had not interfered. 
Enraged at being thus disappointed, they afterwards lay in wait for him 
" at the Newtoun neere the end of the burgh of Air " under cloud and 
silence of night, where, as he was proceeding home, they set upon him, 
" kuist his cloke over his head and with great cudgellis and battouns 
prepared for the purpose gave him three deepe holes on the head, cutted 
his brow to the great eflfusioun of his blood and so demained his whole 
head and face that the skinne of his head and brow feU doun upon his 
eyes, and almost blinded him, gave him manie others bauche, blae and 
bloodie straikes in diverse pairts of his bodie and than left him lying 
FoL as, a. 33 ajjg jgj^ man." Charge having been given to the persons named, 
and the pursuer compearing by John Cuninghame, younger of Dan- 
keitb and the defenders not compearing, the Lords ordain them to be 
denounced. 

Complaint by John Maxwell of Stanelie, Janet Crawfurd, his 8pouse,CompiMntby^ 
Patrick Maxwell, his lawful son, and Eobert Hamiltoun of Milbume for of staneii© 



190 REGISTER OF THE COUNCH.. 162&. 

and others hifl interest, as follows : — John Maxwell " the unnaturall sonne of the Decreta, 

^axw^en,*8on Said Laird of Stanelie," being denounced at his said father's instance for 1627-January 

Ma^xweU of ^^^ Compearing to answer to a charge of taking away the complainers* p^2i8 a. 

stanelie, for evidcnts and writs and so disappointing them in respect of several 

siwpeMion of agreements regarding their estate, on some frivolous pretexts purchased 
which Mntence^ Suspension of that homing, but he has refrained from discussing the 

he had same and intends still to refrain therefrom, to the eluding of justice and 

incurred for . ^ , . . . . , . ^, i . i . . i . t 

purloining his further injury of the complamers. Charge having been given to the said 

eTidenteand Johii Maxwell, and pursuors and defender compearing the pursuers Foi. 218, b. 

write of his produced the horning obtained by them and the King's Advocate against 
the defender, bearing their complaint against him as foUows : That on 
1st August 1626 he came to his father's chamber in Mr. Alexander 
Guthreis lodging in Edinburgh, and " by some sinister tricke or policie 
opened .the locke of the chamber doore, and finding the box whairin his said 
fathers evidents and writts of his lands of Stanelie, Thomelie, Corsbar, 
Almochlie, Cunmon and Hiedykes wer, he cunninglie and mischantlie 
medled with the same and tooke all away with him to the disappointing 
of the agreement made by his said father for selling of ane pairt of his 
lands to outred his debt." This complaint being read in the hearing of 
the defender, he contended that no process should be granted to his father 
against him, because Sir Walter Stewart of Minto, knight, and Robert 
Hamiltoun of Milbume, became cautioners judicially acted before the 
Lords of Coimcil and Session for the pursuer, that he, during his release 
from ward in the tolbooth of Paisley to which the defender and his 
procurators had consented, would not pursue him [the defender] before 
any judge within the kingdom upon any cause whatsoever depending 
between them ; and this the defender verified by producing a Decreet of 
the Lords of Council and Session containing the said Act of caution 
dated 18th February last. The Lords, in respect of this Act, find that 
no process ought to be granted in this matter against the defender while 
the said John Maxwell, elder, remains forth of the said ward. 

Complaint by " xhc Quhilk day M' Johnne Adamesoun complenit to the Counsell Sedemnts, 

Mr. John ^, ^ ^, -n , - a i • i^ i .^ . . i . 1625-29 

Adamaon that that the Earlc of Augus his sone who wes ordanit to remayne in his foL 123, a. 
EarUf Angus, tousc for XV dayis had privatlie without his knoulege or allowance 
oommittedTto withdrawne him self and gone away and that he had some suspitioun 
his charge, had that his pedagogue wes accessorie thairto. The Lords ordanis letters to 
iSthw housef be direct at the instance of the Kings Advocat and of M' Johnne, 
chargeing the Earle of Angus and his pedagogue to compeir, and the 
Earle to exhibite his sone to the intent it may be knowne be whome 
the youth wes convoyed away and that M' Johnne may be cleirit of all 
imputatioun for that cans." 
Sir Richard " Ane missivc f romc his Majestic in favouris of Sir Richard Grahame Fol. 123, b. 

Graham. , 

for ressavemg him to be one of the commissionaris of the Middle 
shyris. The resolutioun upoun this point continewit till a meeting of 
the commissioneris ; and the Earle of Menteth tooke up the missive." 



1629. CHAKLES I. 191 

R.iyii Letters, " After oui veiie heartilie comniendatiouns. We ar informed by the Hoiyroc^ 
FoLiH^- petitioun of M'^ Alevander Ouing, minister at Halkirk in Caithnes, that June 1629. 
yow being his Majesteis shireffin these bounds and the executioun of ^^^^^j***® 
the law committed to your charge yow ar notwithstanding denunced his Caithness 
Majesteis rebell and putt to the home at the ministers instance neglect of the 
for not removing of the Lord Berridaill, Alexander, David and Mans ^^^f °^ ^^ 
Oigs and James Inneis, rebellis, fra the manse and gleb of Halkirk and 
for not entering the minister to the possessioun thairof according to the 
designatioun and tennour of the letters of homing direct thereanent ; as 
alsua that yow ar denunced rebell for not taking of Oliver Sinclair, 
Tutour of Brimmes, who is at the home for not payment making to the 
minister of the sowme of fourtie fyve punds money, ten bollis and ane 
halflfe boll victuall, halflTe beir, halffe meale, of the cropes and yeeres of 
God 1624, 1625 and 1626 yeeres; by whiche your carelesse neglect 
€Lnd connivence the persouns foresaids ar encouraged to stand out in 
thair rebellioun and to defraud and withhold frome the minister his 
manse, gleb and stipend ; this mater being heard at the Counsell table 
and the minister his distressed estait being muche pitied and your 
inexcusable oversight muche highlie aggravated and condemned, we have 
notwithstanding forborne to proceid aganis yow according to the merite 
of your fault, and have beene pleased rather to certifie yow of your 
dewtie then to pimishe yow for your oflTence ; in whiche regaird we will 
eamestlie intreate and thairwithall advyse yow to further and assist the 
minister with the executioun of the law, and that yow use your best 
power, care and diligence for making of these rebellis lyable to the 
course of justice, sua that the minister may be satisfied of his stipend 
and peaceablie possest in his manse and gleib, and that he have no just 
cans to compleane heeraf ter of anie remissenesse or connivence in yow, 
bot that he may have all the favour quhilk the lawes of this kingdome 
and your power in the executioun of your office may at this tyme 
affoord him ; otherwayes we will be constrained to take suche exemplar 
ordour with yow as may be a terrour to other shireflFs to ofifend in the 
lyke kynde heerafter ; bot hoping that yow will be more respective of 
your dewtie and the parteis interesse, we committ yow to God. Frome 
Halyrudhous xxiij Junij 1629. Svbscribitur, Monteith, Hadinton, 
Wintoun, Areskine, Ad. B. of Dumblane, Hamiltoun." 

f^-jui*™*^ 5federww^ — Treasurer ; President ; Perth ; Air ; Dumblane ; Lord Hoiyrcx^ 

lea). Areskine ; Lord Melvill ; Master of Elphinstoun ; Clerk Eegister : june 1629. 

' Advocate ; Justice Clerk ; Sir John Scot ; Sir James Baillie. 

"The whilk day Sir George Elphinston of Blythiswod, knight. Justice A^^tme^*^ 
Clerk, produced before the Lords of Secreit Counsell f oure commissiouns aries for hoid- 
of justiciarie to the Erie of Monteith and certane senatours of the courts. ^ 
Colledge of Justice for balding of circuit courts within the foure quarters 



192 REGISTEE OF THE COUNCIL 1629. 

of this kingdome ; whilks commissiouns being seene and considderit be Acta February 
the Lords, they allowed of the saids commissiouns and past and expedi«29. ^ 
the same accordinglie." ^^^' ^^* ^' 

^bnS^on^ "The whilk day Sir Thomaa Hope of Craighall, knight baronet, 
be sent to the Advocat to our Soverane lord, represented to the Lords of Privie 
Giaagow.°^ ° Counsell that the submissioun made to his Majestie be the archbishops 
and bishops wes not as yitt subscryved be the Archbishop of Glasgow ; 
and thairfoir he craved the Counsellis advice if he might send the said 
principall submissioun to the Archbishop and require his subscriptioun 
thairto. Quhilk propositioun of his Majesteis Advocat being heard and 
considderit be the saids Lords, and they advised thairwith, the Lords of 
Secreit Counsell allowes the said Advocat to send the principall 
submissioun abonewrittin to the Archbishop of Glasgow and to require 
him to subscry ve the same conf orme to the generall ordour and obedience 
givin be the rest." 

Hoiyrood [Sederunt as recorded above.] Decreta, 

House, 26th November 

June 1629. 1627-Janiiary 

ComcOaintby Complaint by Mr. David Wardlaw Of , as follows: — ^He hasF^*2i9^a. 

Wardiaw married Sara Dowglas, daughter of Alexander Dowglas of Easter Gellet, 

wfe'^^ja sometime macer before the Lords of Session, and he expected that she 

Douglas, and would havc " behaved her selffe as ane honest and vertuous matron to 

forcjMTviB^oflfhim and have procured his benefite and weale so farre as in her lay." 

^§1^1*^** But "contrarie unto the strait band of matrimonie" she has, in league 

proceedings with her Said father and Margaret Inglis, her mother, sought to wreck 

agains im. ^^^ complaincrs estate. For years past " she has ten or twelfife 

tymes in everie one of the saidis yeeres, speciallie in the tymes of seid, 

hay and harvest, deserted his hous and companie, leaving all his 

domestick eflfaires in conf usioun." They have " verie subtillie stollin " 

him to the horn for, as they allege, his not infefting her in 1000 

merks of conjunct fee, which was done eight years since, and the 

production of her infeftment thereon procured his relaxation from the 

Lords of Session, but notwithstanding they have passed the gift of his 

escheat and liferent upon the said horning, raised letters of inhibition 

and arreistment agadnst him, put the same into execution; and now on 1 9th 

April, last, being Sunday, the said Margaret Inglis and her said husband, 

Alexander and James Dowglas, her sons, David Dowglas in Easter Gellet 

and Henry Dowglas, his brother, , his servitor, Andrew Burne 

there, William Burne, his brother, , his servitor, Henry 

Dick in Bandrum, John and Eobert Dick, his sons, George Dowglas in 

Steilend, James Dowglas, his son, and Eobert Stirk, burgess of Dunferm- FoU 219, b. 

line, came to his house in Kinnemie in time of preaching, and violently 

took away his whole moveables " in his chambers, kists, coffers," and 

other places, carried away his children, took his ploughs and whatever 

other goods they could find, locked the gates and doors of his house and 

took the keys with them, to the complainer's hurt and utter wreck. 



1629. CHAKLES I. 193 

^creta. Further, he having come to Edinburgh on May last, to complain 

i^r^nuary to their lordships hereupon, he was apprehended and warded in the 
^f'm b tolbooth of Edinburgh as cautioner for the young Laird of Torrie, to 
whom their Lordships have granted a protection for five years, and 
thereafter he was arrested as cautioner for Eobert Douglas, son to the 
said Alexander, and in this ward he has since remained in great want 
and misery, having nothing to sustain himself with. Charge having 
been given to the said Alexander Dowglas, Margaret Inglis, Alexander 
and James Dowglas, their sons, James Dowglas of Carmoir, Johne 
Orrock, Adame Brand, Eobert Stirk, Andrew and William Bumes in 
Easter Gellet, David and William Dowglas there, Henry Dick in Band- 
rum, and George Douglas in Steilend, and the pursuer compearing, and 
of the defenders, Alexander Douglas and his spouse and two sons, 
Andrew Burn and David Dowglas in Easter Gellet, Henry Dick in 
Bandrum, Eobert Stirk and George Dowglas in Steilend, the Lords, 
i\A. 220, tt. having heard the depositions of certain witnesses, who failed to prove 
any point of this complaint, assoilzie the defenders. 

(Complaint by Alexander Hay, indweller in Leith, as follows : — On Complaint by 
23rd June instant Archibald Tod, one of the bailies of Edinburgh, sent Hay, indweller 
to him desiring him under trust to come and confer with him in the^^^* 
"laich tolbuith" of Edinburgh. When he went thither the said ^cW^dT^, 
Archibald Tod "keeped not the dyet himselffe but caused ane nomber burgh, for 
of the toun officers of Edinburgh, as namelie one callit Eussill orj^^^nnjenti 

Eobesoun, one callit Bishop, another callit Elder, sonne to Eobert 

Elder, messinger, with ane nomber of other people wait upon the 
compleaner, who violentlie seazed upon his persoun and rudelie and 
difigracefullie harled him to the tolbuith, shott him in into thair 
ymehous amongs theeves and condemned persouns, layed him in thair 
great ymes callit the lang gade, where he hes lyin sensyne in great 
pane and trouble, and tooke the key of the ymehous with thame," so 
that none of his friends should have access to assist or advise hinu 
This was done at the direction of the provost, bailies and council of the 
said burgh, he having conmiitted no oflfence, being his Majesty's free 
liege and ready to answer on lawfull citation to any charge laid against 
him, and they refuse to release him even upon caution. Charge having 
been given to David Aikinheid, provost, and Archibald Tod, bailie of 
Edinburgh, for themselves and the other magistrates, and they, compear- 
FoL 230, h. ing and producing the pursuer, alleged that he was lawfully apprehended 
and warded in terms of a decreet of a court of the burgh of Edinburgh 
held in the tolbooth of the town of Leith by John Sinclair, one of the 
bailies of Edinburgh and sheriff depute of the said burgh and town of 
Leith, and one of the Justices of Peace of the same, on 23rd June 
instant, proporting that the said Alexander Hay being twice cited before 
the said provost and bailies to answer for his contempt done to Patrick 
Eleis and James Murrey, bailies of Leith, on 18th June instant " they 
VOL. m. » 



194 REGISTER OF THE COUNCIL. 1629. 

being sitting in judgement in the Kirk sessioun of the said toun of l>ecreta, 
Leith for the tyme, saying that he did not acknowledge thame for his i627-January 
judges, bot that they wer his servants, and that being thairfoir rebooked ^^220 b. 
for abusing of his magistrats, who wer cled with his Majesteis auctoritie, 
he contemptuouslie answered that they were malapert to affirme that 
they wer cled with his Majesteis auctoritie, and that he would not 
be conmiandit with thame nor acknowledge thame for his magistrats, 
and that thairwith he rose up in ane furious maner, kuist his cloke 
frome him, patt his hands in his pocket to have found ane knyflfe to 
have struckin at the saids bailleis, and missing ane knyfife, that he ranne 
furiouslie toward the saids bailleis to have struckin at thame, whilk he 
had not failed to have done if he had not beene stayed be some 
nighbours of the sessioun, and that he being commandit for this his 
contempt be the saids bailleis to have past to waird, he dissobeyed and 
resisted Robert Young thair officiar, and come bragging on the shoare, 
purposing to have raised ane mutinie and seditioun in the toun." 
Having refused to obey the said two citations, the said John Sinclair, 
bailie, had decerned him to be apprehended wherever he might be found Foi. 221, a. 
within the jurisdiction of the burgh of Edinburgh, and laid in the irons 
during the pleasure of the provost and magistrates thereof, and till he 
made assithement to the said two bailies of Leith. The defenders 
produced copy of the said decreet, and desired that the pursuer be 
not liberated until he obtempered the same. The Lords, however, 
after hearing the case discussed, ordain the said provost and bailies to^ 
liberate the pursuer as they will answer upon their obedience. 
^Sf Mrxw/u, Complaint by Sir Thomas Hoip of CraighaU, King's Advocate, John 
messenger, MaxwoU, messenger, and Thomas Charters, merchant burgess of 
\^Uam Edinburgh, as follows : — Though the wearing of hagbuts and pistols is 

Airfs^an^ straitly prohibited by law, yet John Glendoning of Drumrasche, being 
others for indebted to the said Thomas Charters in a certain sum, and Charters 

assault when 

in the dis- having f ouud nothing in him but shifts and delays in payment with an 
dut^* ^ ^ evident design of not paying at all, and proceeding against him in a legal 
way of poinding, when on August last the said John Maxwell 

went to the lands of Airds to execute the poinding and had apprised a 
number of his oxen and carried them towards Kirkcudbright, as the 
head burgh of the shire, to complete the poinding, directed William FoL 221, b. 
Gordoun of Airds, John Wilsoun in Maynes of Corsmichael and Robert 
M^Minneis at the kirk thereof, with others, armed with " swords, speiris, 
gyrounforkes, lances," hagbuts, pistols and other weapons, to follow the 
said messenger and his witnesses. These persons, overtaking the said 
messenger at the Greenelaw, pursued him and his companions of their 
lives, " ranne at Johne Cowtterd in Inglistoun, ane of the compleaners 
witnessis, with lancee, and slew his hors under him thairwith," and they 
then recovered and took away " the said poynd." Charge having been 
given to the said William Gordoun, John Wilsoun, and Robert 



1629. CHAELES I. 195 

Decreta, M^'Miniieis, and the pursuers compearing, but not the defenders, the 
i627-janaary Lords after hearing witnesses find that the defender violently took away 
Fu?22i b. ^^® goods referred to from the messenger after the Laird of Partane had 
offered to cause the goods to be delivered if the defenders would either 
make faith that the goods were their's or would show a suspension, that 
the said John Wilsoun bore a hagbut, and Eobert M^Inneis a lance, and 
that John Cowtterd's horse was slain at that time, and ordain the 
defenders to be charged to enter into ward in the tolbooth of Edinburgh 
within six days. 
Commissioos, Commission under the Signet to the SheriflF of Bervick and hisHoiyrood 
iv!^, a. deputes. Sir John Home of Blacader and Patrick Home of Eestoun, orj^Tiezd, 

any two of them, as justices, to hold courts and try Janet Dick, spouse R°™!?'"^£" j^ 

* A 1 , T . -r^ . Ill 1 , the Sheriff of 

to George Andersoun, elder, m Flemmgtoun, who has long been suspected Berwick and 
of witchcraft. Signed by Monteith, Perth, Areskine, Dumblane, jano"^ckfor 
Hamiltoun, Sir Thomas Hoip, and Scottistarvett. witchcraft. 

Fui. 208, K Commissioun under the Signet to Brandane Baird of Northfield, Commisaioii to 

William Gordoim of Murraik, Alexander Gordoun, his son, John Baird of 
Andersoun of Auchrynie, John Ogilvie of Peill, James Halkheid of ^^J*^^|®^^ ^ 
Caimetoun, John Halkheid of Scottismylne, James Ogilvie, son to the apprehend and 
goodman of Pitmoweis, William Ogilvie of Eothmakenzeis, and John the Counci] 
Mar of Nether Brangane, jointly and severally, to search for, apprehend ^^f®^^^^®' 
and present before the Council for delivery to the Justice and his**^"^- 
Deputes, George Ogilvie, sometime servitor to Sir George Ogilvie of 
Banif, knight, who on 9 th and 20 th June instant was put to the horn 
at the instance of the said Sir George, and of the King's Advocate for 
not finding caution to underlie the laws for stealing 30 double angels 
and a purse belonging to the said Sir George. Signed as above. 

f^3o^***^ "After our verie heartilie commendatiouns to your good lordship. Hoiyrood 

FoLiw, b. Whereas the Kings Majestic out of his most princelie and zealous care j,2^'j29. 
towards the floorishing of the Gospell and trew religioun within this^^tter 
kingdome hes appointed a meeting of his whole Counsell and clergie, members of 
viz., the archbishops and bishops and suche commissioners of thair^JJ^hig^of^^e 

Foi. 165, a, dioceis as they thinke fittest, to be keeped heere at Halyrudhous upon ?*^^ "^^^ 
the 23 of July nixt, to the intent the names of all profest papists being tiyes of the 
exhibite be the saids commissioners and made knowin to that meeting, oirthe28rd of 
suche a solide course may be resolved upon to be prosecute aganis thame '^^^' 
for reclaming of the tractable and censuring of the refractorie as sail be ^ *^' 
thought meet. And his Majestic wiselie considdering that the preferment 
of papists to the Counsell and others determinatiouns of the efifaires of 
this kingdome produces manie dangerous consequences aganis the estait, 
and that they ar vehementlie suspected to have dispensatioun frome 
thair oaths and to mainteane equivocatiouns ; and his Majestie conceaving 
that the participatioun of the halie communioun will be a readie way for 
discoverie of recusants and others persouns of this kynde, his Majestie 
hes thairfoir pommandit that the communioun sail be celebrat in bis 



196 



REGISTER OF THE COUNCIL. 



1629. 



Chappell of Halyrudhous about the tyme foresaid of this meeting and Royai Letten, 
that all of his Majesteis Counsell sail be present thereat ; lykeas the p^f^ ^ 
Sunday after this meeting, being the 26 day of the said moneth of July 
nixt, is appointed as the most fitt and proper tyme for this holie actioun. 
And thairfoir these ar to requeist and desire your good lordship that yow 
faile not, all your others effaires sett aside, to keep the meeting foresaid 
of the twentie thrid of July preceislie, to the intent yow may concurre 
and joyne by your best advice with the rest of his Majesteis Counsell 
and with the elergie in thir maters so carefullie recommendit be his 
Majestie, and that yow may be prepared to communicat upon the Sun- 
day thairaf ter in his Majesteis Chappell ; quhilk looking assuredlie your 
lordship will doe, as yow will testifie your' aflfectioun to the advancement 
of his pious and most religious directiouns in this point and will eshew 
the imputatioun and suspicioun of a contrair dispositioun, we committ, 
etc. Halyrudhous, 25 Junij 1629. Mar, Monteith, Perth, Air, Ares- 
Mne, Melvill." 



Greenwich, 
29Ui June 
1629. 
Letter from 
bia Majesty 
anent Uie cele- 
bration of the 
communion at 
the meeting of 
the Council 
and repre- 
sentativea of 
the Kirk. 



" Chakles R, Eight trustie, etc. Whereas by our lait letters we did FoI. 169, a. 
appoint ane meeting to be upon the 23 day of July nixtocome betweene 
our Counsell and the prelats and others commissioners for the elergie for 
taking ordour with papists, celebrating the communioun in our Chappell foI. 169, b. 
of Halyrudhous and for suche other things as in our saids letters ar 
exprest, and we considdering that it is fitt that the said commimion be 
celebrated upon the Sabboth day immediatlie preceiding the said meet- 
ing, our pleasure therefore is that yow give order and intimatioun 
quhairby the said Communion may be celebrated in our said Chappell 
on the Sonday before the said meeting, viz., upon the nyneteene day of 
July nixtocome ; so referring this unto your speedie directioun we bid 
yow heartilie fareweill. Frome our Court at Green wiche the 29 day of 
Junij 1629." 



Holyrood 
House, SOth 
June 1629. 



Sederunt — Treasurer ; S^ Andrewes ; President ; Privy Seal ; lin- Acta February 
lithgow; Galloway; Dumblane; Lord Areskine ; Ix)rd Melvill ; 1529. "^ 
Lord Carnegie ; Master of Elphinston ; Clerk of Eegister ; ^^^ ^^' ^ 
Advocate ; Justice Clerk ; Sir John Scot ; Sir James Baillie. 



Lord Wemyss 
relieved of the 
ofiSce of con- 
vener of the 
Justices of 
Peace in Fife. 



" The whilk day in presence of the Lords of Secreit Counsell compeired 
personallie Johne, Lord Weymes of Elcho, and produced before the saids 
Lords ane commissioun under his Majesteis great scale whairby he wes 
made and constitute conveener of the Justices of peace within the 
shirefdome of FyflTe, and desyred that in regaird of his other imploy- 
ments in his Majesteis service and the manie weightie eflTaires disabling FoL 128, a. 
him to attend that service that he might be releeved of the same. The 
Lords having heard his desire and reasouns thairof and considdering that 
he is now ane noblemen and in respect thairof not fitting to be bur- 
denned with the said service, the Lords exoners him of the said charge, 



1629. CHAELES I. 197 

Acta Febnuuy and of new appoints the Laird of Newtoun to supplee his place of con- 
1^. "^ veenner, and ordains ane letter to be writtin to Newtoun for this 

FoL 128, a. pffect." 

"The Lords of Secreit Counsell, considdering the great hurt and Order forWd- 
prejudice done to his Majesteis service in the leveyes and supplee soWiem levied 
ordained to be sent from hence toward Sweden for supplee of the King g^g*[J^^® ^*^^ 
of Sweden in the warres whairin he is ingadged by arresting of persouns on the px>und 
tane on and lifted for this service, and who ar committed to waird by caption, 
thair captans, lieutennents, officiars and commanders, of the whilks 
arreistments the most pairt ar simulatlie and fraudulentlie made by the 
meanes and procurement of the persons thameselffes without anie just 
ground hot purposelie to frustrat thair transport whan the tyme and 
occasioun is thairto offered, for remeid whairof the Lords decemis and 
ordains that no persoun nor persouns tane on and lifted for the service 
foresaid or committed to waird within anie jayle of this kingdome be 
thair captans, officiars, or commanders, sail be arrested or deteanned in 
the said waird unlesse they have beene tane be letters of captioun or 
suche other warrand proceeding upon homing ; discharging all provests 
and bailleis within burgh of admitting or allowing of anie suche arrest- 
ments or deteanning anie souldiours in waird be vertew thairof except 
suche soldiours allanerlie as hes beene or sail be tane upon hornings or 
captiouns raised thairupon ; and that suche of the saids soldiours as hes 
beene or sail be arrested without letters of homing or captioun that the 
saids provest and bailleis putt thame to libertie to the intent they may 
be imbarked for the service foresaid, whereanent thir presents sail be 
thair warrand." 

5^^^ [Sedemnt as recorded above.] h^^^^^^^^^ 

1627-Jani]A]7 June 1629. 

Foi.*222,a. Complaint by Harie Elphinstoim of Alichmoir, and Mr. Thomas Compiwnt by 
Bollock, younger, for themselves and in name of the remanent gentle- stonlind^ ^^^ 
men dwelling within the burgh of Stirline, as follows : — They have with-^2"j^^° 
drawn themselves and their families to the burgh of Stirline with *h®'*J?j^.^g5 
intention of dwelling there for a time and looked for kindly and friendly ling, agftinst 
usage, seeing they medled in none of the burgh affairs but only spent ^g^^d^^ui^h, 
their living there ; and so they expected to be supplied with " vivers and^^J^^®^ 
other necessarie furnishing for thair houssis at ane ordinarie rate and supply them 
pryce." But Thomas Meldrum, deacoun of the baxters of Stirline, Snd of'Sread. 
James Waird, John Andersoun, Duncan Watsoun, David Miller, and 
James Hendersoun, baxters in Stirhne, " in thair pretendit maner " have 
made some unlawfull acts binding themselves, and requiring all other 

Foi. 222, b. bakers in the said burgh not " to baike or sell to the compleaners anie of 
their bread callit mainschots bot to ty thame to take the commoun 
bread of the toun whilk is baikin for serving of the poore people in the 
coontrie about ; whilk sort of bread is so base and unworthie as the lyke 



198 REGISTER OF THE COUNCIL. 1629. 

IS not to be found in no burgh of this kingdome*' ; so that by reason of Decreu, 
this unlawfull discharge, which is against law, the good government andi6^!^^J^ 
weal of the said burgh, and is prejudicial to his Majesty's good subjects ^^^gg ^ 
resorting thither, the complainers can get no bread there " bot suche as 
is not worthie to be givin to hors." This act they plead, should be dis- 
charged, and the makers of it punished. Charge having been given to 
the bakers named, and the pursuers compearing and with them Mr. John 
RoUock, Commissary of Dumblane, and the defenders also compearii^, the Foi. 223, il 
latter produced an act made " among the brethrein of the baxters within 
the burgh of Stirline " on 27th March 1628 proporting, " That the saids 
whole brethrein being conveenned the day foresaid in thair bakehous, they 
statute and ordained be ane interloquutour that no man sould sell main- 
schots nor unleavenned bi*ead to be sauld nor baikin nather in burgh nor 
land bot to noblemen and barouns who hes wheate to give to thair 
furnishers of thair awin at eight score in the boll, whilk extends to twa 
hundreth and fourescore single mainschots for the boll to the said noble- 
men, and who ever contraveenned the said ordinance sould pay fourtie 
shillings toties quoties\ and siclyke that the said brethrein all in one 
voice and consent dischargit that no brother sould baike no double bread 
to be sauld, bot the ordinar that sail be baikin to sell in the toun under 
the pane of fourtie shillings toties qiwties : and they alledgit that the 
said act wes made and sett doun be thame for the good and releefe of 
the baxters of the said burgh that everie one of thame might baike bread 
and be imployed per vices" The Lords, however, find " that the said act 
hes beene evill made to the hurt and prejudice of his Majesteis subjects" 
in and about the town, and accordingly declare it null and void, so that 
the bakers there may bake and sell all sorts of bread at all times as they 
shall be required or find occasion. They also warn the defenders that 
if they make ajiy acts in contravention of this decision, such contra- 
veners shall be called and exemplarily punished. 
Mr™^obert*^ Complaint by Mr. Robert RoUock, minister at Murrous, as follows : — 
RoUock, On l7th June instant Mr. William Durhame of Omuchie came to his Foi. 228, k 

Muirhouse, lauds in Ncwbiggiug while he was watching his cattle pasturing there, 
^ukm^ur- " P^^^ violent hands " upon him, knocked him down, and while he was 
^*™iiir ^y^^g ^^ ^^® ground gave him " three cruell straikes on the head with 

ane great rung, whairwith he brake his head in twa or three severall 
pairts," to the great efifusion of his blood, besides other blows on other 
parts of his body. Charge having been given to the said Mr. William 
Durhame, and he and the pursuer both compearing, and the matter being 
referred to the defender s oath he confessed having assaulted, hurt, 
wounded "and bled" the pursuer on the head. Wherefore the Lords, con- 
sidering that the pursuer being a minister whose profession and calling 
should have secured him from " suche ane violent and insolent utterage," 
ordain the defender to repair to the presbytery of Dundee on 9th July 
next, " and there in presence of the brethrein of the presbyterie and 



1629. CHAELES L 199 

i^«reta, with uncovered head to acknowledge his fault, expresse his sorrow for 
i^jT-Jaouary the samc, and crave the minister and brethrein pardoun foi the wrong 
lu 224, a. *^^ scandall done be him to thame, and to promeis to behave himselflfe 

more respectiv^ely heerafter, and to live als ane good and peaceable nighbour 

with the minister in tyme comming." 

Complaint by James Eodger of Balbrekie, as follows: — Katherine Complaint by 

Balfour in Kennowy, having conceived a hatred of him and resolving of Balbrekie 

to have his life, sent James Davidsoun in Kennowy to his^J^Jij^e 



dwelling house in the Bumes of Kennowy on 16 th June instant f^'o'*' "* , 

*=* •' Kennoway for 

inciting «fami 
DaTidson to 



amea 



" Kennowi^ 

under cloud and silence of night, who lay in wait a long time inciting Ja 
for the complainer's forthcoming. And he having gone forth about a^J^tttie 
midnight to ease himself, as he was doing so and " being naiked," the RJlg^J^^™*^ 
said James Davidsoun with a drawn sword gave him a " cruell straike 
upon the right syde of his head, whairwith he cutted away his lug with 
ane great part of his haffett, so that the same hange be ane tacke,'* and 
then he fled thinking the complainer dead. Charge having been given 
to the said Katherine Balfour and James Davidsoun, ajid the pursuer 

f oL 224, b. compearing by Mr. Kichard Tailyeour, his procurator, and Katherine 
Balfour also compearing, but not James Davidsoun, the Lords after 
hearing witnesses, who failed to prove any part of the complaint against 
Katherine Balfour, assoilzie her, and ordain James Davidsoun to be put 
to the horn and escheat. 

SedCTwits, "The quhilk day Sir Johnne M^Kanyee of Tarbett become cautioner Caution by Sir 

l,ioJ * nr.xT-ii j.-r.i_- . ' ^ ' xi_.. .JohnM*Kenzie 

Foi.i24,a. for M^NeiU of Barra his compeirance anes m tua yeir upoun the tent of of Tarbett for 
Julij and his first compeirance to be upoun the tent of Julij, 1631 JBarra!" ^' 
and for performeing of all the rest of the conditionis wherunto the 
llandaris ar subject under the pane of ane thousand pundis."^ 

"The whilk day M^^Neill nominat and designat the duelling house of M^Neiii'a 
M' Roger Mowatt, advocat, for his domicile quhair all chargeis to be Edinburgh. 
direct aganis him salbe execute upotm sax score dayis, and a copie of 
the charge to be delyverit to M' Roger Mowatt or Johnne M^Rannald." 

"The Lordis nominatis the Bishop of Dunblane, the Clerk of Register, Mai of Henry 
Advocat, Justice Clerk, Sir Johnne Scott, and the Justice or ony tua or 
three of thame to examine Henrie Dik upoun the mater of incest and 
murthour layed to his charge." 
^31*^**^ "Most sacred Soverane, Before the recept of your Majesteis letter Hoiyrood 
FoLids, a. the Lord Naper wes in his way to court, and wanting the backeband June 1629. 
quhilk wes to be surrendered to your Majestic, we called for William ^^^^ ^ 
Dick and urged him to exhibite the copie thairof , quhilk being exhibited the backhand 
we gave command to your Majesteis Advocat to draw up a surrender Lord Sapier, ^ 
thairof in your Majesteis favours quhilk wes done and is heei^with sent J|^^^^J^^*>' 
to the efifect your Majestic may caus the said surrender be signed thereseeante,p.i8i. 

^The conditioDB referred to were those M'NeiU of Barra was an old offender. See 
imposed by the Band and Statutes of Index to Vol. IX* 
IcolmkiU a0O9).~See cmte, Vol. IX., pp. 2&^. 



200 



EEGISTER OF THE COUNCIL. 



1629. 



be the Lord Naper and returned lieere with the principall backhand, Roy^ Lett*n 
quhilk the said Lord Naper hes in his owin hand, to be entered in your foL les, a. 
Majesteis Exchequer according to the command of your Majesteis letter; 
and lykewayes we find by William Dicks declaratioun unto us that 
there ar three termes of the foresaid dewtie payed be him to the Lord 
Naper amounting to the sowme of ten thowsand and fyve hundreth 
merkes before anie stay wes made to the payment of the saids sowmes by 
your Majesteis former warrand ; quhilk we remitt to your sacred 
Majesteis gratious consideratioun, and prayes, etc. Halyrudhous 30 
Junij 1629. Svhscribitur, Mar, S' Andre wes, Monteith, Hadinton, 
Linlithgow, Areskine, Hamiltoun, S' Thomas Hoip, S'^ G. Elphinstoun, 
Scottistarvett." 



Holyrood 
House, Ist 
July 1629. 
Letter to a 
8ub-oommu- 
sioner of teinds 
urging him to 
the active pro- 
f ecution of his 
duties. 



"After our verie heartilie commendatiouns. We receaved your letter FoL 166, b. 
and allowes verie weill of your obedience givin in accepting upon yow of 
the subcommissiouns for the valuatiouns within that presbyterie, quhairin 
yow have done that quhilk to the dewtie of good and obedient subjects 
apperteanned. And whereas this is so good and publict ane work, import- 
ing so neerelie the weale of the whole kingdome, especiallie of the 
gentrie for leading of thair teinds, we will requeist and desire yow to 
proceid and goe on in the prosecutioun of that bussines committed to 
your charge and trust till the whole valuatiouns for that presbyterie be 
fullie sattled and discust. And as tuicheing your procuratour fiscall it is 
ordained be the Commissioun (as yow will perceave by reading thairof) 
that his panes sail be considderit and thankefullie acknowledgit and 
rewarded by the Kings Majestic. There is ane course lykewayes tane 
for satisfactioun and payment of the officers whome yow ar to imploy 
in this bussines as yow will lykewayes perceave by this enclosed act sent 
unto yow. We have lykewayes sent unto yow lettei-s of homing aganis 
your fiscalls, clerkes and officers for doing of thair service accordinglie, 
quhilks yow sail cans execute as yow find the occasioun. And so recom- 
mending this mater to your care and diligence as a pee^je of service quhilk 
will be verie acceptable to his Majestic and quhairof we will exactlie 
crave ane accompt if anie neglect and failyie sail be thairin, we committ 
yow to God. Frome Halyrudhous the first of July 1629. Svhscribitur, 
Mar, Monteith, Hadinton, Wintoun, Linlithgow, Areskine, Hamiltoun." 



Holyrood 
House, 2nd 
July 1629. 



Sederunt — Treasurer; President; Privy Seal; Wintoun, Linlith- ^^^©^"^'^ 
gow ; Bishop of Dumblane, Lord Areskine ; Lord Melvill ; Lord ie29. 
Carnegie; Lord Tracquair; Master of Elphinston; Clerk of^®^'^ *** 
Eegister ; Advocate ; Justice Clerk ; Sir John Scot ; Sir James 
Baillie. 



b^^^bert°" "-Anent the supplicatioun presented to the Lor is of Secreit Counsell be 
Buchan, Eobcrt Buchan, burges of Aberdein, makand mentioun that where it hes FoL 128, b. 

AberdLn, who pleascd the Kings Majestic with advice of the Lords of Secreit Counsell 



V 



1629. CHAELES 1. 201 

Acta Febniar>- to authorize him with commissioun* for fishing and seeking of pearles possesses the 
1629. ^ within the whole waters within the shirefdome of Aberdein, and within ^^?^hi^, 
FoLi28,b. ^Ij^ bounds of Sutherland, Eosse and Stranaver, and for restrayning allh^ewaS^nt 
others to fishe for pearles in the said waters hot suche persons of skill J^ produce 

before ma^s- 

and experience as sail be appointed by the said supplicant, and that in trates all per- 
dew and lawfull tynies in the moneths of Julie or August yeerelie ; and^f^^^rs, 
lykeas his Majestic hes made the said supplicant commissioner ^OT^^^^^^y 
receaving to his Majesteis use of the whole pearles that sail be gottin have infringed 
within the waters within the whole bounds abonewrittin upon reasoun- GnmS!^ ^ ~ 
able prices to be payed be the said supplicant for the same, as in the 
commissioim givin unto him for this efifect at lenth is conteanit ; in the 
^executioun whairof, altho the said supplicant hes beene most solist and 
carefull to approve himselflfe worthie of the trust his Majestic hes 
reposed in him and for that effect hes nominat skilfull and expert men 
to fishe for pearles at convenient and seasounable tymes in the moneths 
abone namit within the bounds abonewrittin, and hes purchassed and 
caused publishe letters discharging all fishers and gatherers of pearles 
to sell anie of the saids pearles hot unto him, and that no merchant nor 
anie other buy anie pearle hot frome the said supplicant under the pane 
of confiscatioun of the said pearle and punishment of the contraveeners 
at the arbitrement of the Counsell ; neverthelesse, suche is the habituall 
practise and trade of some lawlesse and avaritious persouns that they 
ceasse not at all tymes indistinctlie to fishe the pearle and to sell the 
same covertlie to strangers and others for ane small advantage; 
by whiche forme of doing the trade of the pearle is spoyled and 
his Majestic depryved of the credite and benefits of the same: 
and whereas the calling and conveening of the transgressours of the 
said proclamatioun will be fashous to the countrie and chargeable to 
the said supplicant, humblie desyring thairfoir the saids Lords that he 
may have thair warrand and allowance to call and conveene all suche 
persouns, als weill strangers as natives, who hes or sail contraveene the 
said proclamatioun before thair awin ordinar magistrats to burgh and 
land in the shyres and touns where they dwell, lykeas at mair lenth is 
conteanit in the said supplicatioun. QuhUk being read, heard and 
considderit be the saids Lords, and they finding the desire thairof to be 
reasonable, and to import the good and credite of the kingdome and 
weale and ease of the subjects, hes givin and grantit, and be the tennour 
heirof gives and grants thair warrand and allowance to the said 
Foi 129, a. supplicant to call and conveene all suche persouns, als weill strangers as 
natives, who hes or sail contraveene the said proclamatioun before thair 
awin ordinar m^^istrats to burgh and land in the shyres and touns where 
they dwell and where the saids strangers doe most ordinarlie resort and 
have thair residence ; and the saids Lords hes made and constitute and 
be the tennour heirof makes and constitutes the saids magistrats everio 

^ See anUy Vol. I. (Second Series), p. 95. 



202 REGISTER OF THE COUNCIL. 1629. 

ane of thame within thair awin bounds and jurisdictioim his Majesteis Acta February 
judges in that pairt, with power to thame to fence and hold courts andi629. "^ 
to create officiars and members of court neidfuU and to call the ^^^ ^^' *' 
transgressours of the said proclamatioun before thame and to examine 
and try thame upon the breache and violation of the said proclamatioun 
outher by thair oath or witnesses as the said supplicant sail make 
choise of his probatioim, and according to the verificatioun thairof to 
wairde and fyne the transgressours answerable to the merite of thair 
fault and frequent trespasse under the panes following, viz., fiftie merkes 
for the first fault, ane hundreth punds toties quoties thairafter ; with 
power to the said supplicant to uplift the saids fynes, the one halflFe 
thairof to his awin use for his panes to apply, and to make compt in ^ iS 
Majesteis Exchecker of the other halflFe to his Majesteis behove ; and in 
caise of the absence and not compeirance of the saids transgressours 
before the saids judges, the saids Lords allowes the said supplicant to 
conveene and call thame before his Majesteis Counsell; with power 
lykewayes to the saids judges upon the appearance of anie stranger 
before thame and tryell of thair guiltinesse in the fishing or buying of 
the saids perles, to proceid aganis thame conforme to the commissiouns 
and proclamatiouns alreadie made in that behalflTe ; and to urge the 
saids strangers to find cautioun to forbeare in tyme comming, or to 
compeir before the Lords of Privie Counsell to answere upoun thair 
contraventioun ; and for this eflfect with power to the saids judges to 
summound assysses and witnesses als oft as neid beis, ilke persoun under 
the pane of ten punds ; and generallie all and sindrie uthers things to 
doe, exerce and use whilks for executioun of this commissioun ar 
requisite and necessar. Firme and stable balding and for to hald all 
and whatsomever things sail be lawfullie done heerin ; commanding 
heirby the saids judges to hold courts and to ministrat justice within 
twentie foure houres after the said supplicant sail require thame thairto, 
and to proceid and minister justice in the premisses according to the 
power and warrand of this conmiissioun as they and everie ane of thame 
will answer to his Majestic and the saids Lords upon thair obedience 
and the dewtif uU discharge of thair ofl&ces, and under all highest pane 
that they may incurre by thair dissobedience in this point." 
SheJ^^^^^ " Forsameekle as the Lords of Secreit Counsell ar informed of the Foi. 129, b. 
Orkney and hia great and high Contempt of the ministrie and kirk discipline within the 
and punish aU bounds of Zetland whilk is now come to suche ane hight by the 
ih^^d who presumptioun and boldnesse of lewde and dissolute persons within the 
are accused of saids bouuds that in a maner there is ane avowed oppositioun made to 

reyilinff, _ .... 

assauiSng, and the mmistric in all and everie thing they goe about for punishment of 
miniffters-^*'^ vicc and rcformatiouu of manors, as namelie by opin defyances givin 
areTe^r^fre? ^^ ^^^ dissolutc pcrsouns to the ordinarie sessiouns of the kirk, thair 
quent in the impudent and proud refuisall in face of presbytereis and in the presence 
of the magistrat to rander thair obedience, thair vyle raylings and 



1629. CHAELES I. 203 

A^ta Febnuury imprecatiouns spewed out aganis the ministrie in thair faces, the 

1 W ^ * upbraiding of thame in thair pulpits in the discharge of thair f unctiouns, 

Fui. 129, b. |.|^g cartalling of thame at thair presbyteriall meetings, the threatning 

of thame to breake thair heads, to buUett thair bodeis, to battoun thame 

if they presoome to use the censures of the kirk aganis thame, the 

battoning of thair kirk officiars, the lying at await for the ministers 

awin lyffes, seeking thame be way of haimsuckin at thair awin houses 

for that effect, comming to the kirks on the Sabboth day with unlawful! 

weapouns to persew the ministers of thair lyffes, commanding thame 

most imperiouslie to forbeare the censuring of thame, threatning thame 

with present death if they dissobey. And besides this proud and 

malapert contempt of the ministrie and ordours and discipline of the 

kirk, the abominable cryme of incest is become most frequent and 

commoun within the saids bounds ; and one of the cheefe causes of all 

thir evills proceids frome the distance of the place and countrie frome 

the supreme seate of justice heere and the difficultie and trouble to 

bring parteis and witnesses heere upon just and trew complaints, so that 

all kynde of impietie hes ane daylie grouth and progresse within the 

saids bounds to the high offence and displeasure of Almightie God, 

scandall of the kirk and religioun, contempt of our soverane lord and 

dii^race of his royall governement. And the saids Lords of Secreit 

Counsell being moved in honnour and justice to prevent so farre as 

poesiblie may be the f order grouth of thir evills, whilk by no way can 

be so Weill done as by inflicting of dew punishment upon the offenders, 

Thairfoir the saids Lords hes givin and grantit and be the tennour 

heirof gives and grants full power and commissioun, expresse bidding 

and charge to the Shireff of Orkney and his deputs for whome he sail be 

Fd. 130, a. haldin to answere, conjunctlie and severallie, to call and conveene before 

thame at suche dayes and places as they sail thinke meit all and sindrie 

persons inhabiting within the saids bounds suspect and delait of the 

crymes abonewrittin or anie of thame and to take tryell and cognitioun 

thairof after suche ane lawfuU forme and manor as agrees with the 

lawes of the kingdome, and for this effect with power to thame to fence 

and hold courts and to create officiars and members of court neidfull, 

unlawes and amerchiaments of the Courts to lift and raise and for the 

same if neid beis to poynd and distreinzie, and in the same courts the 

persons ficuiltie of the saids crymes to call and accuse and outher to putt 

thame to the knowledge of ane assyse or to deduce and lead probatioun 

and witnesses aganis thame, and if they sail be convict of the saids 

crjrmes or anie of thame that they forbeare to pronunce sentence aganis 

thame bot that they report thair processe and ordour of proceiding 

aganis thame to the saids Lords of his Majesteis Counsell to the intent 

that after consideratioun thairof the saids Lords may inflict suche 

punishment as the nature and circumstances of the crymes sail deserve ; 

assysses and witnesses als oft as neid beis, ilke persoun under the pane 



204 REGISTER OF THE COUNCIL. 1629. 

of ten punds to summound, wame, choose and cans be swome, and Acta Febmary 
generallie all and sindrie uthers things to doe, exerce and use whilks for i629. ^ ^ 
executioun of this commissioun ar requisite and necessar. Firme and ^^^ ^^' ** 
stable balding and for to bald all and wbatsomever things sail be 
lawfullie done heerin; charging heirby all his Majesteis lieges and 
subjects to reverence, acknowledge and obey, concurre, fortifie and assist 
the said Shireff and his deputs in all and everie thing tending to the 
executioun of this commissioun, as they will answere upon thair 
obedience at thair highest charge and perrell. This present commissioun 
for the space of ane yeere nixt after the dait heirof but revocatioun to 
indure." 
Protestation " The whilk day Johne Gordoun, appearand of Rothiemay, compeired 
lirdGwdon, pcrsonallie before the Lords of Secreit Counsell for obedience of the 
reifef ftom '^^'^ band giviu be him for that efiPect whairupon in name of 

their cautionry Gcorge, Lord Gordoun, Donnald, Lord Rae, and Sir Alexander Gordoun 
Gordon, of Cluuic, Cautioners for the said Johne Gordoun, appearand of Rothiemay, FoL 130, b. 

^twemay! protested that seing the said Johne by his compei ranee had satisfied 
thair band that they might be fred of thair cautionerie and the sowme of 
foure thowsand merkes conteanit in thair band, quhilk protestatioun the 
saids Lords admittit." 
AiexMider " "^^^ quhilk day in presence of the Lords of Secreit Counsell 

Master of ' compcircd personallis Alexander, Maister of Forbes, and become actit and 
johnGoiSon obleist as cautioner and souertie for Johne Gordoun, appearand of 
of Rothiemay. Rothiemay, that the said Johne sail compeir personallie before the saids 
Lords upon Tuisday nixt and answere to the complaint made upon him 
be James Crichton of Fendraucht under the pane of foure thowsand 
merkes, in respect whairof the saids Lords ordained ane protectioun to be 
granted to the said Johne till Thurisday nixt at night." 
a^ te^ife*" " "^^^ whilk day in presence of the Lords of Secreit Counsell com- 
Commission of peired personalUe M' Thomas Hendersone of Chesters and accepted upon 
VLB Clary. j^^^ ^j^^ conimissiouu for the circuit courts within the shirefdomes 
whairof he hes charge and gave his oath to use and execute the said 
commissioun faithfullie according to his knowledge." 

Hoiyrood [Sederunt as recorded above.] Decreta, 

House, 2nd L J November 

July 1629. 1627-JannarY 

SST^Uf ^^^Pl^i^^ ^y John, Earl of Mar, Lord Areskine and Garviauche, etc., p^225, b. 

Mar, and Collector of the taxation granted in August 1621, and George, Viscount 

Viscount of of Duppline, Lord Hay of Kinfawnes, Collector of the taxation 

^^nstthe granted in October 1625, as follows : — According to a warrant from the 

Provost and Couucil " to Uplift Under his Majesteis pay sax gentlemen to be of his 

Perth for not Majcstcis Guaird for apprehending all such persouns as wer denunced 

JohrMon-^"^ his Majesteis rebellis and putt to the borne for not payment of the same 

^eff of taxatiouns," they had chosen six gentlemen for that purpose and of their 

whom they number directed Alexander Ogilvie and George Dunbar, indwellers in 



1629. CHAKLES I. 205 

i^^ Leith, John Symontoun, indweller in Dumbar, and James Currie, hold in custody 
ifisz-Jiimary Ormound pursuivant, to apprehend such persons in Perthshire andment*dPW8 
F^'225, b, Forfarshire. They apprehended Sir John Moncreiff of Kynmonth, sheriff ^i^^^'^,^^ ^^ 
depute of Perth, who was denounced for not paying to the said Viscount the com- 
of Duppline £1324 14s. 6d. for a part of the firat and second terms' tax ^"^"' 
for Perthshire, and £2114 12s. lOd. for a part of the third and fourth 
terms' tax, and they delivered him into the custody of the provost and 
bailies of Perth, in whose hands he now remains. Charge having been 
given to Alexander Peebles of Chappelhill, provost, Andrew Gray, Mr. 
Eobert Mitchell, and William Hall, bailies of Perth, to compear and 
Foi. 226, a. produce the said rebel to be further taken order with, and the Earl of 
Mar personally compearing and the Viscount of Duppline by Archibald 
Prymrois, Clerk of his Majesty's taxations, but not the defenders nor the 
said Sir John Moncreiff, the Lords ordain the said provost and bailies to 
be denounced and escheat. 

Complaint by Hew Sampsoun in Plimmouth, as follows: — About Complaint by 
twenty one years ago he equipped a barque with salt and other necessaries STiy^i^** 
for fishing at the Isle of Aran upon the coast of Tirconnell in Ireland, ^^^^^^j^" 
and having gone ashore for hiring a pilot he met Duncan Sempill, then and James 
master of a ship called the Antilop of Glasgow, and James Dennistoun assault when'^ 
merchant of that ship, "who with thair companie all in armes and^pj'^^^"^^ 
unknowin to the compleaner (calling him ane Aran tray tour, ane villane coas<^ o? Ty*- 
and ane pyrat, without anie provocatioun offered be him unto thame), they Ireland.— 
in ane violent maner bait and abused him, pulled and hayled him^e^^ton 
over the rockes to thair boates as thair prisouner," although his*^*'^®^*- 
Majesty's sheriff there required them to desist and leave the complainer 
in his hands, and he would be forthcoming to his trial when charged. 
But they forcibly carried him to their ship, kept him a prisoner all the 
next night, until the sheriff came aboard the next morning and dealt 
with them to leave him in his hands, which with great difficulty was 
Vol 226, b. granted upon caution being found for his appearing for trial. While he 
was thus imprisoned, his ship, of which he was both merchant and 
owner, was by tempestuous weather cast upon the rocks and she and 
her cargo lost, to the complainer's utter undoing, his losses thereby 
amounting to , as will be evident by the examination and proof 

already taken in this matter by the Lord DepUty and Council of Ireland, 
who have carefully recommended this case to their Lordships. Charge 
having been given to the said James Dennistoun and Duncan Sempill, 
and the pursuer and James Dennistoun personally compearing, but not 
Duncan Sempill, the Lords having considered the process in Ireland, 
and heard the report of Sir John Hamiltoun of Magdalens, Clerk of 
Eegister, Sir George Elphinstoun of Blythiswod, Justice Clerk, and Sir 
John Scot of Scottistarvet, whom they had appointed to peruse the 
documents in the case, and finding nothing therein which can justly 



206 REGISTER OF THE COUNCIL. 1629. 

infer any guilt on the part of James Dennistoun, assoilzie him, but^«t^ 

they ordain Duncan Sempill to be denounced and escheat. 1627-JaimAry 

Coim)iaintby William Home in Kimmerghame Mill, Geoi^e Broun, John Forsyith 5^227^ a, 
Baiiiieof and William Nisbitt in Kimmei^hame, having been chained to compear 
collector- ^ witnesses in the process by Sir James Baillie of Lochend, knight, as 
texatkwi°^ ^^^ Collector General of the taxation granted to his Majesty in October 
gainst * 1625, against Mr. Robert Hepburne, servitor to John Belcheis, advocate, 
inKinmerg-™*and his accomplices for the deforcement of George Stewart, messenger, 
others"for fail- ^^^^ ingathering the taxation of the priory of Coldingham, "by breaking 
ing to appear up the doors of Georgc Broun in Kymmerghame," and taking away nine • 
against Mr. bolls of bcir apprised by the said messenger, for the part of the 
Robert Hep- taxation due by the deceased John Home of Slegden, and having failed to 

compear, the Lords ordain them to be put to the horn and escheat for 

their contempt. 
Hoiyroc^ Commission under the Signet to Sir James Campbell of La wars, Commissions, 

July 1629. knight, as justice, to hold courts and try John Dow Moir McConnochie, poi. 204, a. 
S-'theltriai of ^ common and notorious thief, who has been apprehended by the said 
John Dow Sir James, "with ane fang of ane hundreth merkes, and threttie or 
MMConnochie, twcntic stancs of cheis," and is now in his custody. Signed by Mar, Mon- 
LtoXuTth?ef.^®i^^» Hadintoun, Wintoun, Linlithgow, Areskine and Scottistarvett. 
Commission to Commission under the Signet to the Sheriff of Caithness and his Foi. 204, b. 
Calthnesfirand deputes, John Sinclair of Dunbeth, John Sinclair of Eattir, and 
others to William Inneis of Sandsyde, or any three of them, the said sheriff or his 

apprehend and j f j i i - 

present before depute being One, to convocate the lieges in arms and search for, appre- 

Donaid^°^* hcud and present before the Council for delivery to the Justice and his 

s^HteiUmd^" deputes, Donald Thomassone in Spittell, and Janet Henreisdochter, 

others. widow of John Eioche, father's brother to the said Donald, George 

Sinclair in Scomeclait, Ewfame Dundas '• who made her repentance for 

fornicatioun " committed with Jame« Sinclair, father s brother to the said 

George, Hucheoun Mansoun in Braibster and Isobel Bayne, relict of 

Gavin Mansoun, father's brother to the said Hutcheoun, who on 11th 

June last were put to the horn at the instance of his Majesty's 

Treasurer and Advocate for not compearing before the Justice and his 

deputes to underlie their trial for witchcraft. Signed as above. 

Commission to Commission under the Signet to John Wauchop of Nidrie to search Foi. 205, b. 

Wauchope of for and apprehend Katharine Oswall, spouse to Robert Achesoun in 

apprehend Nidrie, who has been long suspected of witchcraft, and has been in pro- 

ofwaw'^who is ^^® before the kirk sessioun of the kirk of Nidrie for ten weeks past. 

acciised of Several indictments have been given in against her, and so it is necessary 

topiac^heHn that shc be apprehended for examination, and because he has no 

of^f^iiwh. " wairdhous within his awin bounds," he is to bring her to the tolbooth 

of Edinburgh and ward her there until examined, and he is to report 

her depositions to the Council on 20 th July instant. Order is given to 

the Provost and bailies of Edinburgh, and the keeper of the said 

tolbooth to receive and safely keep the said Katherine, as they will 



1629. CHAELES I. 207 

CommiswoM, aoswer upou their obedience. Signed as above, substituting S. G. Elphin- 

KoL 205, a. stoun for Scottistarvett. 

SedenintB, " Ane missive f rome his Majestie in favours of Frendraught concern- Rothiemay. 

^^"124, ». ing Eothiemay." 

Note of the compearance of Rothiemay, younger, in which the band by Rothiemay, 

him is said to have been given " at Court." younger. 

ift§^«2^***"* " After our verie heartilie commendatiouns to your good lordship. Hoiyrood 
Foi. 166, b. Whereas Maurice Bennet, Englishman, merchant in Bristo, having now ju°iy^i629! 

after some processe and dependance in the Court of Admiralitie recovered ^^^^ '«>m 

, . T .,.,.,. , , , .,, 1 . . the Council to 

decreit and sentence tuichemg his shippe and goods quhilk wes dnvm the Eari of 
upon the coast at Whithome and there seazed upon as a suspect shippe, desirinff^his 
he is now to make his addresse thither for trying and discoverie of the protection of 

J ^ Maunce Ben- 

particular persouns quho intrometted with his goods and for persute of net, merchant 
thame by course of justice; and whereas he hes verie probable suspici- whose ship hod 
ouns and cans of feare that thir persouns out of thair discontented ^^iJ^t It 
humours hes tane mater of ofiFence aganis him for this cans and ar about Whithorn. 
to doe him some eflfront and wrong, whilk will be a very great discredite ®®****''' ^- • 
to the countrie if strangers repairing heere in the lawfuU following of 
justice sail be so unworthilie dealt with ; we have thairfoir tane 
occasioun to recommend him, his servants and foUowei-s unto your good 
lordship, requeisting and desiring your lordship to have a speciall care 
that no harme be oflFered to thame be anie within these bounds over 
quhom your lordship hes power or commandement, and that in so farre 
as your lordship may, yow take upon yow the saulfegarde of thame, so 
that they may prosecute thair bussiness in a faire maner as his Majesteis 
good subjects without feare of trouble. His Majestie hes beene 
Foi 166, a. gratiouslie pleased to recommend this strangear and the furtherance of 
his adoes unto us quhilk we ar assured will make your Lordship so 
muche the more solist and carefull of thair indempnitie and suretie ; 
and so, etc. Halyrudhous, the secund of July 1629. Subscribitur, 
Mar, Monteith, Hadintoun, Wintoun, Linlithgow, Areskine, Hamiltoun." 

mJai*'*^ iSafomn^ — ^Treasurer; Privy Seal; Linlithgow; Wintoun; Lauder- Hoiyro<^ 

1629. daill; Galloway; Lord Areskine; Lord Carn^e; Lord Melvill ; jiSy^629. 

' Master of Elphinston ; Bishop of Dumblane ; Clerk of Kegister ; 

Advocate ; Justice Clerk ; Sir John Scot ; Sir John Baillie. 

**The whUk day in presence of the Lords of Secreit Counsell compeired Acceptance of 
personallie Sir James Skeene of Curriehill, Sir Andrew Fletcher offorS^cirerdt 
Innerpeffer ; Sir George Affleck of Balmanno ; Sir James Learmonth of J^^g^e^ 
Balcolmie; M' George Halyburtoun of Foderance ; and M' Alexander of Curnehiii 
Seatoun of Kilcreuche, and accepted upon thame the commissioun for 
the circuit courts within the shirefdomes whairof they have the charge, 
and gave thair oath to use and execute the said commissioun faithfuUie 
according to thair knowledge." 



208 REGISTER OF THE COUNCIL. 1629. 

Hoiyrood Sederunt — Treasurer ; Privy Seal ; Linlithgow ; Wintoun ; Acta Febmao' 

Juiy^629. Lauderdaill ; Galloway; Lord Areskine ; Lord Carnegie; Lordi629. ^^ 

Melvill; Master of Elphinston ; Bishop of Dumblane; Clerk ^^'' ^^^' *• 
of Register ; Advocate ; Justice Clerk ; Sir John Scot ; Sir James 
BailUe. 

Warrant to « The Lords of Sccrcit Counsell according to ane warrand and directioun 

Sir Georse . ^ 

Cunningham, in writt signed be the Kings Majestic and this day presented unto 
i2(»*mon for^ thamc gives and grants comniissioun and warrand be thir presents to Sir 
th7King"if^' George Cuninghame, Colonell, to levey and take up twelfife hundreth 
Sweden. mcu out of all suchc pcrsouus within this kingdome as he sail find 

willing to serve under him and to conduct and transport thame towards 
Sweden for ayding of his Majesteis darrest brother, the King of Sweden^ 
in his warres ; with power to the said Sir Geoi^e to nominat and appoint 
captans, commanders and other officiars and members neidfull over the 
said regiment, and to cans towcke drwrames, displey cuUours, and to doe 
and performe all and everie other thing that towards the furtherance of 
thir leveys ar requisite ; firme and stable balding and for to bald all and 
whatsomever things sail be lawfullie done heirin, the said Sir George 
alwayes giving suche satisfaction n to everie ane of the said nomber as 
sail be agreed upon betuix him and thame according to the custome in 
the lyke caises. Commanding heirby all magistrats to burgh and land 
to concurre and assist the said Sir George in the lifting and transporting 
of the said regiment ; and if anie persouns who sail inroU thameselflfes 
and ressave pay sail thairafter disband and leave thair cullours that the 
saids magistrats upon complaint heirof to be made unto thame be the 
said Sir George his captans, officiars or commanders doe justice heerin 
accordinglie. FoUowes his Majesteis missive for warrant of the Act 
abonewrittin • — Charles R., Right trustie and weilbelovit cousine and 
counsellour, right trustie and weilbelovit cousins and counsellours, and 
right trustie and weilbelovit counsellours, we greete yow weilL Having Foi. isi, b. 
intentioim upon verie good consideratiouns at this tyme to ayde our 
brother, the King of Sweden, with suche forces as we can convenientlie 
spare frome all our kingdonies, and being willing to send him frome 
thence twelfife hundreth men, our pleasure is that yow grant unto our 
trustie and weilbelovit Sir George Ciminghame, colonell, ane commissioun 
with ane sufficient warrand to levey and transport thither the said 
twelfife hundreth men, granting him libertie to towcke drwmmes for that 
purpose, with als large priviledges as anie other hes had heeretofore in the 
lyke kynde, he alwayes giving suche satisfactioun to everie ane of the 
nomber as sail be agreed upon betuix him and thame according to the 
former custome in the lyke caises, for doing whairof these presents sail 
be unto yow ane sufficient warrand. Frome our Court at Whitehall the 
first day of Apryle, 1629." 

' ^ On the 4th of July, 1629, Gustayus Adolphus great enterprise which was to end in hia triumph 
bad landed in Pomerania, thus beginning the and death at Lutzen in 1692, 



1629. CHARLES I. 209 

Aru February " The Lords of Secrcit Counsell gives and grants full power and com- Warrant for 
l^"•J9. ^ missioun be thir presents to Sir Johne Hamiltoun of Magdalens, Clerk accounts anent 
•"'•^^^•^ of Register, Sir George Elphinston, Justice Clerk, Sir Johne Scot of^fp^^*^^^ 
Scottistarvett, and Sir James Baillie of Lochend, or anie three of thame, See index to 
to heare the accompts of Williame Dick and Williame Gray tuicheing ^^^' ^^' *"^" 
thair intromissioun with the goods of the Lubick shippe and charges 
bestowed be thame upon the transport thairof to the port of Leith, and 
to report the estait of the saids compts to the saids Lords." 

" The Lords continewes the questiouns betuix James Crichtoun of Frendrau^ht 
Fendraucht and Johne Gordoun, appearand of Rothemay, and prorogats ^y. * ^®" 
Johne Gordouns protectioun untill this day aucht dayes." 

^^^^r [Sederunt as recorded above.] 5°^^"^u 

itsi- I xiOiisej /in 

l^^-January j^y 1629. 

Fui. 227, b. It is known to their Lordships " that the brigs of Airth over the Pow Commiwion to 
thairof ar now decayed and fallin doun," and that thereby the passage and^idenTof 
that way is impeded. The inhabitants of the parish of Airth are the ^^t^*^** ?' 
persons chiefly concerned, and therefore their Lordships, having a special the bridges 
care that the said bridges be repaired, grant power and commission to of Airth, 
the minister and elders of that parish to meet when and where they may ^^^^ ^ ^^^ 
judge convenient " to resolve upon some solide and good course how twa 
brigs may be bigged over the said Pow of Airth with sufficient pend^of 
stane cassin over the said Pow," and to set down a stent and taxation 
for payment thereof to be paid by " the heretours and maisters of the 
lands lying within the said parish, stenting everie oxin gait of land 
within the same parish to suche ane proportionable rait and sowme as 
they sail thinke expedient." They are to report the Stent roll to the 
Lords that letters may be directed for payment thereof. 
i'l-M^**""** Commission under the Signet to Sir James Richartsoun of Smetoun, Hoiyrood 
y->i 2a'.. a. James Rig of Carbarrie, and Mr. Robert Cas, apparent of Fordell, or any ^^^^629!* 

two of them, as justices, to hold courts and try Janet Dow in P^estoun ^™^i^^ ^^ 
who has been long suspected of witchcraft. Signed by Mar, Hadintoun, Janet Dow in 
Wintoun, Linlithgow, Lauderdaill, Hamiltoun, and Scottistarvett. ac^sed'of 

•JUiif^^' Complaint by James MiU in Middletoun as follows:— On 13th J^i^<'™'t- 
November last Mr. James Wishart of Pittarrow, Henry Aimerland, his House, 7th 
servitor, Mr Robert Wishart in Caimbeg, George Wishart in Middletoun, ^^^^^ 
Andrew Stood and David Patersoun, his servants, James Hantoun in James Mill in 
Quhytmyre, James Beatie in Westertoun, John Young there, Robert a^in,t Mr. 
Sowter at the mill of Camweth, William Bran there, Paul Young in J«™«^^art 
Fuirdhous, Patrick Rawsoun, Robert Sim, George Chope, David Watsoun, and others for 
younger and elder in Fuirdhous, and James Parke in Pittarrow, came to 
the lands of Middletoun where the complainer was ploughing and 
attacked him with swords, staves and other weapons, struck him on the 
face to the effusion of his blood, and so " birsed and bruised him " that he 
could not stir. They further " bound his hands and f eit with great 
VOL. m. 



210 REGISTER OF THE COUNCIL. 1629. 

towes as if he had beene ane theeffe, boxed him on the breast with thair Pinea, I6i4-3i. 
falded neiffes and footed him with thair feete, harled him lyke ane 
tratour up and doun the ground, and than left him lying bound hand 
and foote, almost in deid thraw, beleeving assuredlie that he sould have 
died, otherwayes they had not left him." Charge having been given to Foi. 125, b, 
the said Mr. James Wishart, and the pursuer and defender both 
personally compearing, and probation being referred to the defender's 
oath he confessed " that Henrie Amerland layed ane tedder about the 
persewers armes," but denied the other parts of the complaint, where- 
upon the Lords find that the defender accompanied with five persons 
came to the pursuer the time libelled " and layed ane tedder about his 
termes to hold him thairwith,*' that in so doing he has committed a 
" great insolence in binding ane lawfull subject without ane warrand," 
and fine him 300 merks, 100 to his Majesty's Treasurer, Treasurer 
Depute and Receivers of Rents, and 200 to the pursuer. They assoilzie 
the defender from the rest of the complaint, but ordain him to find 
caution in £500 in the Books of Secret Council for the indemnity of Foi. 126, a. 
the pursuer and his tenants and servants. 
Ski'sfmpMn Complaint by Sir Thomas Hoip of Craighall, King s Advocate, and 
messenger ofi' Luke Simsoun, messenger, as follows: — ^Though "the stryking and 
^ Jam^^ abusing of his Majesteis officiars in the executioun of thair offices be ane 
KtteiTow for cryme neerelie tuicheing his Majestic in his legall and princelie 
assault. aiictoritie," yet when the said Luke Simsoun, at the instance of James 

Mill in Middle toun, went on 12 th June last to the Foordhous 
of Pittarrow where Mr. James Wishart of Pittarrow was holding 
a Court and administering justice to his tenants, and with due 
reverence had delivered to the said Mr. James a copy of letters 
of charge, he "in great anger callit for the principall letters and 
blazoun, howbeit he knew him to be ane ordinarie messinger." Having 
these ready in his hand to show him, the messenger was then addressed 
by Mr. James as follows : — " Luke, the Laird of Geicht caused ane 
messinger eate his awin letters," and the complainer having merely 
replied " that he, wes caused pay als weill thairfoir," Mr. James Wishart 
struck him on the face and head with " his falded neiflf, and bade him 
take that for his service and paines," and he would have done him 
" some great insolence " if the complainer " had not humbled himselffe 
unto him and craved him pardoun whilk he wes forced to doe for feare 
of his rage." Since then the said Mr. James " makes his vaunt in 
tavemes and others publict places where he resorts that he gave the 
said messinger one kufiF for the Laird of Arbuthnot his maisters sake and 
another for the discharge of his office, threatning that if he had knowin Foi. 126, h.; 
that his maister would have made so muche din for it that he sould 
have given him twentie." Charge having been given to the said Mr. 
James Wishart, and both pursuers and defender compearing and 
probation being referred to witnesses, the Lords find the defender guilty 



1629. CHAELES I. 211 

Fioes, 1614^. of Striking the messenger, and that he has committed "ane verie great 
insolence and ane proud contempt aganis his Majestic in presooming to 
strike ane messinger of armes, who careis his Majesteis badge for the 
lawful! executioun of his office," and they fine him 1000 merks, of 
which 800 are to be paid to the Treasurer and Eeceivers of his 
Majesty's Eents, and 200 to the said LukeSimsoun; and ordain him 
to be warded in the tolbooth of Edinburgh till they release him. 
Further he is to find caution in 1000 merks acted in the Books of 
Secret Council for the indemnity of the said Luke and his tenants 
and servants; and to pay to each of the witnesses produced in the 
case £4. 

Acta Febimry Sederunt — ^Treasurer ; Privy Seal ; Linlithgow ; Galloway ; Lord Hoiyrood 

vZ. ^ Areskine ; Lord Melvill ; Lord Carnegie ; Lord Jedburgh ; j^^ie^?^ 

Foi. 131, b. Bishop of Dumblane ; Master of Elphinston ; Clerk of Eegister ; 

Advocate ; Justice Clerk ; Sir John Scot. 

" Anent the chaise givin to Williame, Erie of Angus, to have compeired Petition of the 
personallie before the Lords of Secreit Counsell upon the nynt of Julij that the d«^ 
instant, and to have brought and exhibite with him James Dowglas [his] °^^f^^" 
Foi. 132, L Sonne, and to have heard and scene the forme, manor and trueth of the Council anent 

his son mav ho 

said James his escape from M' Johne Adamesone, primar of the Colledge postponed.— 
of Edinburgh, cleered and ordour tane thereanent, lykeas at mair lenth q^^' ^qq 
is conteanit in the letters raised thairupoun; quhilk being callit and the 
said Erie of Angus compeirand be Dowglas of Kilspindie, who 

excused the Erles absence upon some necessar occasiouns and craved 
this day aucht dayes to be assigned to the said Erie for his compeirance ; 
quhilk desire being heard and considderit be the Lords they continew the 
mater untill this day aucht dayes, the saxtene day of Julij instant, of the 
whilk continewatioun his Majesteis Advocat, and M' Johne Adamesone, 
primar of the College, being personallie present, and the said Laird of 
Kilspindie, in name of the Erie of Angus wer warned apud acta" 

"The Lords continewis the questiouns betuix the Laird of Fendraucht Frendraught 
and Johne Gordoun, appearand of Eothemay, till Tuisday nixt ; and the may. 
Maister of Forbes, being personallie present, become actit to exhibite the 
said Johne Gordoun that day under the pane of f oure thowsand merkes." 

" The Lords of Secreit Counsell ordains and commands the provest Warrant for 
and bailleis of Edinburgh to cans the doome pronunced aganis Alexander of Alexander 
Dnunmond to be put in executioun aganis him conf orme to the tennour ^"^™o»«i- 
thairof upon Wednisday nixt, whereanent thir presents sail be thair 
warrand." 

"The whilk day the letter underwritten, signed be the Kings *^*J®s^^®> Jj^^jJJ^'^Mt^ 
wes presented to the Lords of Secreit Counsell and read in thair desiring that 
audience, of the whilk the tennour followes : — Charles R, Right trustie ^^dto^th^ 
and right weilbelovit cousine and counsellour, right trustie and weilbe- countoM of 



212 



REGISTER OF THE COUNCIL 



1629. 



Abercom to 
travel to 
England for 
the sake of 
her health. 



lovit cousins and counsellours, and right tnistie and weilbelovit Acte February 
counsellours, we greete yow weill. Whereas we have beene humbelie i629. 
suted in name of the Countesse of Abercorne that in regard of her sick- ^^^* ' * 
nesse and disease of bodie she might have licence to repair unto this 
our kingdome for having the benefite of the Bathe and of suche other 
things necessarie as she can procure within this kingdome for her health, 
though for the present we understand how she lyes under the Churches 
censure and yours by being excommunicated and [conjfynned in that our 
burgh of Edinburgh, yitt as we intend to doe nothing that may derogate Foi. 132, b. 
from the authoritie of either so we would be loath that by the means 
thairof she sould be brought to the extremitie of loosing her lyfe for 
want of ordinarie remedeis ; thairfoir our pleasure is that yow 
grant unto her ane licence for repairing unto this our kingdome for the 
effect foresaid, provyding alwayes that so long as her occasioun sail make 
her remaine within this our kingdome she doe not repaire to our Court 
and that at her retume she be bound to appeare before yow to be dis- 
posed of as you sail find caus ; and so recommending this to [y]our 
care we bid yow fare weill. Frome our Mannour of Greenewiche the 23 of 
June 1629.^ Quhilk letter being heard and considderit be the 
Lords and they advised thairwith, the Lords continewes the answer- 
ing of the said letter untill the twentie three day of Julie instant." 



Holyrood 
House, 9th 
July 1629. 

Complaint by 
Agnes Araot 
against her 
husband, 
Laurence 
Thomson, for 
attempting her 
life. 



[Sederunt as recorded above.] Decreta, 

November 
l(J27-Janu,iry 

Complaint by Agnes Arnot, relict of Elias Dumplanqueis, and now j.^*228, a. 
spouse to Laurence Thomesoun, indweller in Leith, and Elizabeth 
Dumplanqueis, her daughter, as follows : — The said Agnes, years 

ago, " out of ane ardent affectioun to the said Laurence Thomesoun, 
maryed him and thereby made him partaker of the honest maintenance 
whairunto she wes provydit with her said lait husband, looking to have 
beene mett with ane ansuerable measure of love, and to have lived with 
the said Laurence in peace and conjugall amitie all the dayes of her 
lyffe." Yet against all law and matrimonial obligations he has for several 
years attempted by all means to take her life. In October 1626 he took 
her between 9 and 1 1 at n^ht " to thair backe closse in Leith where 
(as he apprendit) nane could perceave thair devilish plott, of purpose to 
have drowned her in ane well within the said closse, stryped her 
naiked of her cloathes and had not failed to have drownned her, if the 
servants of the house, hearing the compleaners pitiful cryes, had 
not come for her releefe. Whairwith he being highlie offendit 
thus to be disappointed of his mercilesse intentioun, he then 
cruellie hurt and woundit the harmelesse woman, being naiked, 



* A copy of this letter is also transcribed in 
the C!ouncil'8 Letter Book, fol. 168, b, and again 
in the Act of Council of 23 th July following, 



Acta, fol. 149, b. See also note of original letter 
in Miscellaneous Papers, 



1629. CHAELES I. 213 

Decreta, and SO birsed her with manie bauche and blae straikes as she yitt beares 

i^27^anoary the markes thairof." Further, on Tuesday, 3rd June 1628, he threatened 

F^m a. ^^^ ^^^ many fearf ull oaths, and would have slain her if the minister 

and some of the neighbours had not come to her relief. And again, on 

3rd July instant, he attacked the complainer " within his awin house, 

gripped her be the throat of purpose to have strangled her," and would 

have done so if some of the servants had not interposed ; and then he 

violently thrust her and her said daughter out of the house, followed 

them to the streets, and there again attacked the complainer, who had 

to be rescued from him by the people of the town. He will not suffer 

her nor her daughter " to come within thair awin house," threatening to 

FoL 228, b. take the lives of both, if they do. Charge having been givin to the said 

Laurence Thomson, and he and the pursuer both compearing, and 

witnesses having been examined, who failed to prove any part of the 

complaint, the Lords assoilzie the defender. 

Complaint by Sir Thomas Hope of Craighall, King's Advocate, Complaint by 
Edward Forrester, Conmiissary of Kirkcudbright, and John Newell, N^weii, notary 
notary in St. John s Clachan, as follows : — By Act of the Parliament q^^wT^^ ** 
held at Edinburgh in June 1593, it was ordained that whoever should [Dairy], 
strike any person before bailies of burghs, conmiissaries, sheriffs, bailies ^nnan in*"^^ 
of royalties and regalities and other inferior judges, while sitting in^^'j^^ 
judgment, should pay £100 to be disposed of at the discretion of theCannanin 
judge offended, and should be imprisoned during the judge's will. Now, assault ^^ 
Fai. 229, a. on 19th February last, the said John Newell " being procuring before 
the said Commissar and remanent members of Court " in St. John's 
Clauchane, as procurator for Gilbert Gordoun in Knockreoche in an action 
by him against David Gibsoun in Portmooke, James Cannan in Mar- 
dochat, without any cause, " most disgracefullie in face of judgement 
revylled the said Johne Newell with diverse contumelious speeches, and 
with his f aided neiffes despitefullie strake him on the face, and thereafter 
drew his whingear," and would have slain him if the gentlemen present 
had not prevented him. And when the Commissary thereupon raised 
the Court and withdrew with the said John Newell and Gilbert Gordoun 
to the house of John Edger in the hope of reconciling parties, the said 
James Cannane, accompanied by James Cannane in Barley, came armed 
with a drawn sword and whinger, to take their lives, and would have so 
done if some gentlemen had not " putt thame to the doore and closed the 
same." Charge having been given to the said James Cannan in Mar- 
dochat and James Cannan in Barley, and the pursuers compearing but 
not the defenders, the Lords ordain the latter to be denounced and 
escheat. 
Kn . 229, b. Petition by Mr. Thomas Murrey of Cassoche, as follows : — He has Petition by 

raised a complaint against William Moncreiff of Easter Ardettie for MS;rwS'°o f*^ 



convocation and using forbidden weapons and coming to his lands and Cassoche for 



214 EEGISTER OF THE COUNCIL 1629. 

protection to house of Cassoche and cutting, destroying and carrying away peats and Decreta, 

Walter r i ^i r^ ij u- -^ • iir ^^ ajr i.- u i. November 

Murray, who is fuel thence. One of his witnesses is Walter Murrey, sometime chamber- ie27^anuary 
c^eofMa" ^^ ^ ^^^ ^^^ Duke of Leunox, but he cannot compear because of somej^ggg |, 
witnesses. civll homings, and as his absence will be greatly to the petitioner's 
prejudice, he craves thair Lordships' protection for him till Thursday 
next the 16th instant (the trial is for the 14th.) The Lords grant pro- 
tection as craved till the 16 th at night. 
Hoiyrood Liccucc Under the Signet to John, Lord Fleeming, to go beyond sea Commi^ions, 

Jui^b29. wherever he pleases for three years. Signed by Mar, Hadinton, Linlith- p^i 205, b. 
Li«on»® to . gow, Galloway, Areskine, Melvill, Carnegie and Sir Thomas Hoip. 
Commission to Commission under the Signet to the Sheriff of Orkney and his deputes, Foi. 206, a. 
Orkne* and°^ for whom he is to answcr, to seek for, apprehend, ward and hold courts 
his deputes to and try Adam Cromartie in Kirkhous, and Elizabeth Irwing, his 
t^^Adam ^ brother's son's wife, who are suspected as guilty of incest. They were 
Eifa^^tlr ^°^ cited for this before the brethren of the Presbytery of Orkney, but not 
Irving for compearing they were, after long and earnest dealing for their reclam- 
ation, excommunicated by Mr. Daniel Callendar, their minister. Signed 
by Hadintoun, Linlithgow, Galloway, Areskine, Melvill, Carnegie and 
Hamiltoun. 
iiie execution In reference to the act ordaining the execution of Drummond,s«^raits, 
and his con- ' " ordanis the Advocat to inf orme himself aganis Twisday quhat he sail FoL 126, a. 
^^^^^' leame anent Drummond his conversioun to the knoulege of God and of 

his confessioun and discoverie of his compliceis in his wicked deidis." 

Hoiyrood Sederunt — Treasurer; Praeses; Privy Seal; Wintoun; Linlithgow ; AcUFebruary 

Juiy^629. Galloway ; Lord Areskine ; Lord Tracquare ; Bishop of Dum- 1629. 

blane ; Clerk Eegister ; Advocate ; Justice Clerk ; Sir John ^^^' ^ ^ * 

Scot. 

Discharge to " Forsamceklc as the Kings Majestie by his letter writtin and directed 
Sinclair of ^^ the Lords of his Privie Counsell hes signified his royall pleasure and 
£4Sx) which^^ ^^^^^ ^^^^ ^^^ givin gratious warrand and directioun that Sir James 
he received for Sinclare of Murkill, knight, and his cautioners sail be exonered and dis- 
a recent for chargit of the sowme of foure thowsand punds sterline money receaved 
^nmwl.^' be him for leveying of ane regiment of three thowsand men for the 
service of his Majesteis darrest uncle, the King of Denmarke, seing it is 
Weill knowin that the said Sir James trewlie testowed the whole 
moneys receaved be him for that use, and besides did ingadge his awin 
estait for the forderance of that service ; Thairfoir the Lords of Secreit 
Counsell, according to his Majesteis warrand and directioun in writt 
sent unto thame in this mater hes fred, exonered and dischargit, and be 
the tennour of this present act freithis, exoners and discharges the said 
Sir James Sinclare and his cautioners of the said sowme of foui'e thows- 
and pund sterline money receaved be him for the imployment and 
service foresaid, and of the haill conditiouns mentiouned in the act made 



1629. CHAELES I. 215 

A.tj jebniwyanent the saids moneys and leveyes of the men foresaid and declaires the 
:r>i said Sir James and his cautioners to be simjyliciter fred and exonered of 

FoL 133, a. ^jjg same for ever ; reserving alsua unto the said Sir James actioun 
aganis his captans and officiars who reeeaved thair proportions and pairts 
of the saids moneyes for recoverie of the saids moneys fra thame by ane 
summarie course of justice. Followes his Majesteis missive for warrand 
of the act abonewritten ; — Charles R, Right trustie and right weil- 
belovit cousine and counsellour, right trustie and weilbelovit cousins and 
counsellours, and trustie and weilbelovit counsellours, we greete yow 
Weill. Whereas we understand by your letter of the fyfteinth of Apryle 
last that Sir James Sinclare of Murkill, knight, having beene imployed 
to levey ane regiment of three thowsand men for the service of our 
uncle, the King of Denmarke, did trewlie bestow the whole moneyes 
reeeaved by him for that use and hath ingadged his awin estait for the 
furtherance of that service, in which he hes beene much prejudiced by 
some of his captans who have not performed conditions with him ; and 
we having takin into our princelie consideratioun the said Sir James his 
losses and great charges and the prejudice done unto him by his saids 
captans and oiB&ciars, our pleasure thairfoir is and we doe heirby 
authorize and require yow not onelie by act of Counsell to discharge the 
said Sir James Sinclair and his cautioners of the foure thowsand punds 
sterline reeeaved be him for that imployment, and of the whole condi- 
tiouns mentiouned in ane act made for the saids moneyes and leveyes of 
the saids men, hot also that yow grant unto him ane speedie remedie 
aganis his saids captans and officiars by ane summarie course of justice ; 
and for your so doing these presents sail be unto yow frome tyme to 
tyme ane sufficient warrand and discharge in that behalffe. Givin at 
our Court at Greenewiche the 29 day of June, 1629." 

" The whilk day in presence of the Lords of Secreit Counsell com- bSi^^* Fwn- 
peired personallie James Crichton of Fendraucht and Johne Gordoun, draught and 
appearand of Eothemay, and declared that the differences betuix thame 
wer now f ullie sattled and agreed and that there wes no f order mater of 
contestatioun betuix thame ; with whilk declaratioun made be the saids 
parteis the Lords of Secreit Counsell rested satisfied, and exoners the 
Maister of Forbes of his cautionrie for Johne Gordoun his compeirance 
before the saids Lords." 
Foi. 133. b. " Forsameekill as the Kings Majestic by his letter writtin and directed p^Xt^d ^ 

to the Lords of his Majesteis Privie Counsell hes willed thame to call^}*^^'j^ 
before thame the provest, bailleis and Counsell of Edinburgh, and to produce the 
require thame to exhibite and produce before the saids Lords thair ^hfch^they 
infeftments of the superioritie of Leith, old and new, with the ratifica- ^^^^^ 
tiouns and decreits following thairupon, to the intent that, if after dew Bupenority 
tryell and consideratioun thairof the saids Lords sould find anie clause of Leith. 
derogatorie to his Majestie or to his Majesteis officiars of Admiralitie and 
Shirefship, or to the nobilitie or gentrie of this kingdome, or to the 



216 REGISTER OF THE COUNCIL. 1629. 

priviledges of the toun of Leith, ather competent unto thame be vertew Acta Febraur 
of thair infeftments or as his Majesteis free lieges, or to thair kirk, thati629! "^ 
the saids Lords might make dew report thairof to his Majestic to ^e*'^^*^^'^ 
rectified in the nixt Parliament to be haldin in this kingdome, as his 
Majesteis missive letter direct to the saids Lords for this effect beiris ; 
Thairfoir the Lords of Secreit Coimsell according to his Majesteis warrand 
and directioun foresaid ordains the maisser of Counsell to pas and charge 
the provest and bailleis of Edinburgh personallie, if they can be appre- 
hendit, and failyeing thairof at thair dwelling places, and the Counsell of 
the said burgh be opin proclamatioun at the mercat croce of Edinburgh, 
becaus they ar ane multitude, to compeir personallie and to bring, 
present and exhibite with thame before the saids Lords upon the saxtene 
day of Julij instant thair infeftments, confirmatiouns, ratificatiouns and 
uthers writts particularlie underwrittin, viz. : — Ane infeftment granted 
to the said burgh of the office of shirefship of Edinburgh and balding of 
mercats ; ane infeftment or commissioun w the provest and bailleis of 
Edinburgh for punishing of regraters ; ane confirmatioun of the infeft- 
ment grantit to the said burgh of the passage and way to Leith, and 
ratificatioun grantit to the tailyeours of the burgh of Edinburgh of thair 
liberteis conteaning higher exactiouns nor formerlie they had ; ane 
infeftment of thair fourt pairt lands and milne of Innersea granted to 
the toun of Leith, ane confirmatioun of the knocke rent to Leith ; ane 
confirmatioun granted to the taverners of Edinburgh of some liberteis in • 
thair favours ; ane infeftment concerning certane liberteis and priviledges 
for making of acts grantit to the maltmen of Leith ; ane confirmatioun 
of certane acts of the toun of Edinburgh grantit to the provest, bailleis 
and counsell of the said burgh ; ane infeftment of the superioritie of 
Leith grantit to the burgh of Edinburgh , ane licence grantit to the Foi. 134, ». 
hospitall of Leith to poynd shippes for the pryme gilt [harbour tax] ; 
ane ratificatioun grantit to the burgh of Edinburgh of ane act anent ane 
subsidie for repairing of the shoare of Leith ; ane infeftment of all lands, 
tenements and annuel rents of the territorie of Leith to the communitie 
thairof ; ane impost grantit to the burgh of Edinburgh for repairing of 
the bulwarke of Leith ; ane exactioun grantit to the burgh of Edinburgh 
for repairing of Leith bulwarke ; ane new licence grantit to the said 
burgh for uplifting of ane impost for repairing and helpe of 
the shoare of Leith ; ane new impost grantit to the said 
burgh for helping the bulwarke of Leith ; ane confirmatioun grantit to 
the said burgh of all thair chartours, priviledges and liberteis; ane 
commissioun grantit to the said bui^h aganis the wearers of gunnes ; 
ane impost grantit to the said burgh for lifting of foure punds of ilke 
twnne of wyne vented within the same ; ane licence grantit to the said 
burgh for making of thair weyhous ; ane infeftment grantit to the said 
burgh of all the kirk annuellis and benefices within the territorie of 
Edinburgh; ane infeftment or commissioun to the said buigh of 



1629. CHAELES t. 217 

A tn February Edinburgh of the offices of justices of the peace within Edinburgh and 
vi. ^ Leith ; ane new impost grantit to the said burgh of foure punds upon 
F- 1. lUj a. ^ twnne of wyne ; ane confirmatioun grantit to the said burgh of the 
oflSces of shirefship and justices of peace and casualiteis thairof within 
Edinburgh ; ane infeftment grantit to the said burgh of the heretable 
justiciarie of Leith with ane impost for the support of the poore ; ane 
infeftment grantit to the said burgh of the office of shirefship and crowner- 
ship of Edinburgh ; ane infeftment grantit to the toun of Leith of the 
lands and annuelrents in Leith and Eestalrig; ane infeftment 
grantit to the said burgh for gadging of herring ; ane infeftment grantit 
to the said burgh of the chaplanreis of S^ Andi-owes, S* Antons, and S* 
Keith ; ane infeftment grantit to the said burgh in Apryle 1615 or 
1616 ratifeing all priour rights unexprest; ane infeftment grantit to the 
said burgh in aiino 1603 or 1604 bearing the sole justiciarie of 
Lothiane, admiralitie, shirefship, crownership and manie uthers 
dangerous priviledges ; ane infeftment grantit be King James 4 contean- 
ing manie uthers dangerous priviledges ; quhilks twa last infeftments ar 
not to be found in his Majesteis registers ; ane ratificatioun in Parlia- 
ment baldin in anno 1621 ratifeing all infeftments and preceeding 
rights grantit to the said burgh of whatsomever dait or qualitie they be, 
P(»L 134, b. togidder with all and sindrie uthers rights, ratificatiouns in Parliament, 
infeftments and commissiouns granted unto thame aganis the toun of 
Leith or to the prejudice of his Majesteis subjects in generall, togidder 
with thair decreits following thairupoun and all bylawes made by thame 
to the hurt and predjudice of the toun of Leith in particular and the 
registers whairin thair bylawes ar insert, to the intent that after 
consideratioun of the same ordour may be takin thairwith in maner 
foresaid as is conteanit in his Majesteis directioun abonewrittin, certife- 
ing thame if they sail failyie in thair said productioun that directioun 
sail be givin to the Clerk of his Majesteis register and others keepers 
of the registers whairin the same infeftments, confirmatiouns and others 
writts ar enrolled to satisfie the said productioun by thair registers or 
authentick extracts thairof. Folio wes his Majesteis missive for warrand 
of the Act abonewrittin: — Charles E., Eight trustie and right 
weilbelovit cousine and counsellour, right trustie and weilbelovit cousins 
and counseUours, trustie and weilbelovit cousins and counsellours and 
trustie and weilbelovit counsellours, we greete yow weill. Whereas ane 
petitioun hes beene exhibited unto us in the behalffe of the inhabitants 
of the toun of Leith aganis the toun of Edinborrow, and the contents 
thairof having beene debated by some of our Counsell heere by our 
appointment and they haveing conceaved that the greevances thairin 
mentiouned doe muche conceme the publict in generall and ane great 
manie nighbouring gentlemen in particular, we have thought fitt to send 
the said petitioun unto yow to be seriouslie considered of, and we doe 
heereby will and require yow to call before yow the proveist, bailleis, 



218 REGISTEE OF THE COUNCIL. 1629. 

and Counsell of Edinborrow and to require thame to exhibite and Acta Febnary 
produce before yow the infeftments thairin mentiouned togidder withi629. ^ 
the extract of suche bylawes and acts as they have made thairupon, ^^^' ^^* ^ 
and if upon perusal thairof yow sail happin to find the same greevous 
unto our subjects in generall and aganis the publict good or unlawful! 
vexatiouns unto the petitioners, than we require yow to stoppe the 
executioun thairof by all the lawfuU wayes and meanes yow can untill 
our nixt Parliament that thairin some suche publict course may be 
takin as may seeme suteable unto our princelie care of our good 
subjects and publict justice of that our ancient kingdome. And if theFoLi35,a. 
saids magistrats of our said burgh sail happin to delay or refuise the 
productioun of the saids infeftments and acts, then we require yow to caus 
our Clerk of Eegister and others keepers of the Registers whairin the 
same is inrolled to satisfie the productioun by thair registers or 
authentick extracts thairof, and thereupoun to consult and sett doim 
suche ordour as may ease our good subjects and answere the trust we 
have reposed in yow for the governement of that our kingdome, whiche 
we will accompt as verie acceptable service done unto us : And so we 
bid yow heartilie fareweill, Frome our Court at Greenewiche the 9 
day of May 1629." 

Hoiyrood [Sederunt as recorded above.] Decreta, 

House, 14th November 

July 1629. 1627-J«iTiary 



CJomDiaintby Complaint by the Moderator and brethren of the presbytery ofj^'gsQ 
a^dbretturenof I^^^8,rk, as foUows : — In fulfilment of their duty according to the Act of 
*^«j^^^>'*®^ the Parliament held at Edinburgh in June 1594 anent Papists, they 
a^ainstPatrick cited before them Patrick Dicksoun, servitor to William, Earl of Angus, 
is a Pamsrand who has " made shamefuU apostasie and defectioim frome the trew 
defies the^ ^^ religioun," and on his refusing to compear, after long patience for his con- 



a. 



censure < 



Kirk. version, the sentence of exconmiunication was passed against him and 

pronounced in the kirk of Dowglas by Mr. Thomas Bannatyne, minister 
there. Of this sentence, however, he takes no heed. Charge having 
been given to the said Patrick Dicksoun to compear and produce the Foi. 280, K 
certificate of his relaxatioun, and the pursuers compearing by the said 
Mr. Thomas Bannatyne, but the defender not, the Lords ordain him to 
be put to the horn and escheat. - 
H^tor McLean « The quhilk day Hector M^Clayne of Dowart, Lauchlane M^Clane,Sederunts, 
others. his brother, and Lauchlane M^Clane of Morveme, and M^Clane of j^oL 125, b. 

Lochbuy being callit, compeirit not, and ar thairfoir decemit in the 
soumes whereupon they fand cautioun for thair yeirlie compeirance, and 
superseidis the executioun till the first Counsall day of November." 
Hoiyrood " Most sacred Soverane, Upon informatioun made unto us that Johne Royal Letters, 

Jui^629.*^ Weir of Clenochedykes wes excommunicat by the Churche for his inces- foI. 166, a. 
Letter to his tuous manage contracted with Issobell Tweddaill, the relict of his good- 
ing^S^ the shirs brother, we gave ordour to yoijr Majesteis Advocat to persew him 



1629. CHAELES I. 219 

p^ijai Letters, criminallie for the same, who being accordinglie brought to his tryell sentence of 

^^-^^- ' 4. t 4rU A ^ 1 4. 1 *u u i. • • J ^u death passed 

FuLi66,a. wes convict of the cryme and sentenced to death; hot m regaird the on John Weir 
degrees ar so remote that the lyke heirof hes not to our remembrance 5y^*J^^' 
heeretofore occurred, we thought fitt to continew the executioun of the™?f7i%*^e 

•11 TiV . . 1 n y 1 n rehctofhis 

sentence till your Majesteis pleasure wer first knowne theranent; thegood-aire's 
manage indeid is unlawf ull and f orbiddin by the Word of God, and the bra)mmuted 
parteis ofifence the more inexcusable that being required be the Churche *° banishment 
he refuised to absteane ; and yitt if your Majestie may be pleased in 
respect of the singularitie of the caise gratiouslie to dispense with the 
rigour of the law and to give warrand for changing the doome of death 
in banishment furth of this kingdome (whiche the pannell humbelie 
begs) we ar confidentlie hopefull that this our exemplarie proceeding 
aganis him will be ane sufficient restraint unto others and will 
worke ane awfull regaird in thame not to offend in the lyke kynde 
heerafter ; whiche remitting to your Majesteis most judicious considera- 
tioun and attending the significatioun of your royall pleasure, quhairunto 
we sail conforme our selffes with all dewtifuU obedience, we pray, etc. 
Halymdhous 14 July 1629. Suhscribitur, Mar, Monteith, Hadintoun, 
Galloway, Areskine, Tracquair, Hamiltoun, Scottistarvett." 

Acta Febnutfy Sederunt — Treasurer : Prseses ; Privy Seal : Linlithgow ; Wintoun : Hoiyrood 

IfJ-ii-July „.. ^ r^ ^^ t j j mi t^- i_ i? tT i.J x j Houfle, 16th 

1629. W igtoun ; Galloway ; Lauderdaill ; Bishop of Dumblane ; Lord July 1629. 

foi. i85i a. Areskine ; Lord Jedburgh ; Master of Elphinston ; Clerk of 

Eegister ; Advocate ; Justice Clerk ; Sir John Scot. 

" Anent the charge givin to the proveist, bailleis and counsell of Edin- potion to 
burgh to have compeired personallie before the Lords of Privie Counsell to report on 
this present day, the saxtene day of Juhj instant, and to have brought, ^e^^^'riority 
produced and exhibite with thame thair infef trbents, confirmations, rati- ^|^^ ^l 
ficatiouns and others writs particularlie exprest and sett doun in the said over Leith, 
charge, togidder with all and sindrie uthers rights, ratificatiouns in Par- 
liament, infeftments and commissiouns grantit to thame aganis the toun 
of Leith or to the prejudice of his Majesteis subjects in generall, togidder 
with thair decreits following thairupon and all bylawes made be thame 
to- the hurt and prejudice of the toun of Leith in particular and the 
roisters whairin thair bylawes ar insert, to the intent that, after con- 
sideration of the same, ordour may be takin thairwith as his Majestie in 
his letter and directioun to the saids Lords hes appointed, with certifi- 
catioun to thame if they failyied in the said productioun that directioun 
sould be givin to the Clerk of his Majesteis Eegister and others keepers 
of the registers whairin the same infeftments, confirmations and others 
writts ar enrolled, to satisfie the said productioun be thair registers or 
autentick extracts, lykeas at mair lenth is conteanit in the said charge : 
Quhilk being callit, and the saids provest and bailleis with some of the 
Foi. 135, b- counsell of Edinburgh compeirand personallie, and Alexander Hay in 
Leith with some of the inhabitants of the toun of Leith, compleaners, 



220 



REGISTER OF THE COUNCIL. 



1629. 



being lykewayes personallie present, thair reasons and allegatioims being Acta Febmry 
heard and considderit be the saids Lords and they ryplie advised thair- 1629. ^ 
with, the Lords of Secreit Counsell ordains the said Alexander Hay ^°^' ^^* ^• 
in name of the compleaners of Leith to condescend upon the evidents 
whairof they craved productioun, and to give in the same in note to the 
saids Lords upoun Tuisday nixt to the intent the toun of Edinburgh may 
answere thairto." 
Rebuke the " Anent the charge givin to Williame, Erie of Angus, to have com- 
for sendinghis pcircd personallic before the Lords of Secreit Counsell at ane certane day 
^thout^^"** bygane, and to have brought and exhibite with 1dm James Dowglas, his 
knowledge of sone, who be directioun of the saids Lords wes placed with M' Johne 
Adamesone, primar of the Colledge of Edinburgh, to have remained with 
him some certane space to the intent that the said M'^ John, having 
the more frequent occasioun of conference with the said James, might 
resolve him in the doubts of his reUgioun, and who convoyed himselffe 
away frome the said M' Johne Adamesone and is now with his said 
father, lykeas at mair lenth is conteanit in the said charge : Quhilk 
being callit and Sir Thomas Hope of Craighall, knight baronnet, Advocat 
to our Soverane Lord, and the said M' Johne Adamesone compeirand 
personallie, and the said Erie of Angus being lykewayes personallie pre- 
sent, be whome it wes answered that he knew nothing of his said sone his 
escape frome the primar and that he wes not accessorie thairunto, and 
that now sensyne he hes sent his said sone to England, with ane letter 
of recommendatioun to the Duke of Lennox and to the Dutchesse to be 
placed in some of the Universiteis by the advice of Doctour Hopkin, and 
that his sone wes to remane in England to be disposed of as his Majestic 
sould direct. Whilk answere being heard and considderit be the Lords 
and they weill advised thairwith, the Lords of Secreit Counsell finds and 
declares that the said Erie of Angus hes done wrong in sending of his 
sone out of the countrie without exhibiting of him before the said Lords, 
he being putt to the colledge be ordour frome thame; whilk wrong the said 
Erie acknowledged, and humblie craved the saids Lords pardoun for the 



same. 



"1 



Holyrood 
House, 16th 
July 1629. 

Case of Alex 



[Sederunt as recorded above.] 



Decreta, 

November 
1627-JanuAry 

andrH d""^^ provost and bailies of Edinburgh having been ordained by their j-oi. 230, b. 

the Provost Lordships to produce this day an extract of the decreet pronounced by 

Edinbuii^h.^' One of the bailies against Alexander Hay of Pitgonie, whereby he was 

Seeon/c, p. 193. warded in the tolbooth of Edinburgh " within the ymehous thairof and 

layed in the ymes," for delivery of the said extract to the said Alexander 

Hay, and Hay compearing, and the said provost and bailies also being 

present, but not producing the said extract, nor ofifering any reasonable 

* A volume of the Ada as now bound ends here, but the second portion of the original volume 
separately bound, continues the folios of the first portion. 



1629. CHAELES I. 221 

r»ecreta, excusc for not doing so, the Lords ordains James Prymrois, Clerk of the 
icTWanoAry Privy Council, to deliver to ,the said Alexander Hay an authentic 
lu 230 b duplicate or copy of the said decreet which was produced in process 
hefore the Lords by the provost and bailies against Hay. 

Complaint by James Cannan in Mardochat and James Cannan in Complaint by 
Barley as follows : — They are informed that they have been put to the against ^^^ 
horn at the instance of the King's Advocate, Edward Forrester, Commis- f^^^r 
sary of Kirkcudbright, and John Newell, notary in S* John's Clauchane ??."5J"^^?J^ ^ 
Foi. 231, a. Iqy jiQt; compearing to answer to a complaint against them {a7ite,f, 2 13), and John 

which has been wrongfully done ; for they had come to Edinburgh for fn^t^^j^^ 
that very purpose, but some friends on both sides having entered into S^jJ^? ^^^ 
friendly negotiations to compose the matter, in the meanwhile their being iiiegaUy 
accusers " fearing the weakenesse of thair caus and being resolved to Eom at their 
take some unhonest advantage of the compleaners whill they wer secure *^**"^®* 
in respect of the t^eement aforesiiid" caused call the letters. The 
complainers never suspected this "dissimulat dealing," or they would 
have appeared, and they at once found caution to do so in 300 merks. 
Charge having been given to the King's Advocate, and the said Edward 
Forrester, and John Newell, and the pursuer compearing, but not the 
defenders, the Lords grant suspension of the homing against the 
pursuers. 
FoL23i, b. Mr Eobert Hepburne, son-in-law to Eobert Dicksoun of Stainfauld,Obii^tionby 

compearing personally, acted and obliged himself to pay to Sir James Hepburn to 
Baillie of Lochend, knight, £111 2« for the four terms payment of the ^^j^^/^J^- 
taxation due from the pension which the deceased John Home of ?aiiiie f or four 

terms oav- 

Slegden had from the priory of Coldinghame, and to which the said ment of his 
Robert Dicksoun and Nicholas Home, his spouse, daughter to the said **'^*^**°'*- 
deceased John, claimed right by assignation or other security, and that 
twenty days before Martinmas next under a penalty of £20 in addition 
to the above simi. 

Complaint by Eobert Peirsoun, as follows : — Alexander Thomesoun, Compaint by 
** culteller," burgess of Edinburgh, has kept him in the tolbooth of Edin- son against 
burgh for the past three years for a debt due by the deceased John^hon^^n'^^ho 
Young, writer, and that in great misery and poverty, he "being ane ^l^^^^^i^!? 
aged man." On his complaint to their Lordships they ordained the said of Edinburgh 
Alexander Thomsoun to pay 3s. 4d. daily for his support ; but he has tri^TtT^^to his 
paid nothing for the past six weeks, suffering him almost to f anaish. ™^^^^°*°^®' 
Charge having been given to the said Alexander Thomesoun, and to ordained bv 
Alexander Heriot, one of the bailies of Edinburgh, in name of the 
Foi. 232, a. magistrates thereof, to produce the complainer, and both pursuer and 
defender compearing, the Lords ordain Thomsoun to account with 
Peirsoun before Tuesday next in presence of the Clerk of Council, and 
tio pay his arrears, and if Peirsoun refuse to receive payment of this he 
is to consign it. And he is in future to pay him his daily allowance, 



222 EEGISTER OF THE COUNCIL. 1629. 

which if he refuse Thomsoun is to consign it in the hands of the keeper Decreta, 
of the tolbooth at the times formerly appointed. 1627-Januafy 

Hoiyrood Commission under the Signet to the Sherifif of Bervick and hiSp^j^'23o^ 

Juiy*i629. deputes, Sir John Home of Blacader, and Mr. Alexander Lawder of Commiasionfi, 
Commission to Gunsgrein, or any two of them, the said Sheriff or his depute being one, pol 206, b. 
/ Berwick aad as justices, to hold courts and try Margaret Loche in Haymouth, who 
SSjgaretiLhhas long boeu suspected of witchcraft. Signed by Mar, Hadintoun, 
for^wftehwirft. Wintoun, Linlithgow, Jedburgh, Hamiltoun, and Scottistarvett. 
Order for the " The quhilk day Alexander Hamiltoun, suspect of witchecraft, being Sederant«, 
Haddmgtou^of ^y warrand frome his Majestic apprehendit in England and send U)^^^^\^ 
Alexander Scotland, and being this day be the Laird of Aytoun exhibite befoir the 
is charged with Counsell, the Lordis ordanis Hamiltoim to be committit to warde within Foi. 126, a. 
witchc t. ^j^g tolbuith of Hadintoun thair to remayne till ordour be tane for his 
tryall and punishment ; and ordanis the Laird of Ormestoun, who wea 
present, to mak his convoy to Hadinton and to delyver him to the 
provest and baillies to be committit be thame in maner and to the 
efifect abonewritten ; lykeas thair wes a warrand past in Counsell for this 
purpois." 
The son of the « A missivc to his Majestic concerning the Earle of Angus sone." 
Flemings and "A missivc to his Majcstic recommending to his Majestic the 
th^N^^rth^a^P®^^^^^^'^ of the Burrowis anent the fisheing of the Fleemingis in the 

"" '''' 'North His." 
Charge to the " The Lordis nominatis the Advocat, Justice Clerk, and Sir Johnne 
juBtice-cierk, Scott to examine the witnessis produceit in the processis this day and to 
Sot^^"^ ^^^^ modifie thair expenssis, and to meete for this efifect in the Exchekqher 

house the mome at eyght of the cloke." 
Windsor, 16th " Charlks R, Eight, etc. Being informed by Ludovick Carlill, our Royal Letters, 
Letter from scrvaut, how that in the tyme of our lait deere father of worthie poi. isi, a. 
^^ ^*iie*^ memorie order wes givin for breeding of good hoimds within sax myles 
breeding of of Dumf rois, Lochmabcn, and the toun of Annand, and for restraining 
the killing of haires with gunnes and gray hounds within the saids 
bounds ; and we being no lesse willing that the lyke course sould be 
taken now for preserving the game there, our pleasure is that yow call 
before yow Harbert Carlill, his father, who (as we ar informed) wes 
cheefelie entrusted to see that order putt in execulioun, and after yow 
have informed your selfifes by him of what hes beene formerlie done in 
that purpose in the tyme of our lait father and how far at this tyme 
yow may lawfuUie and convenientlie proceid heirin, that accordinglie 
yow give order to the most sufi&cient men in these parts for seing the 
saids abuses restrained. Whiche recommending to your care we bid 
yow farewell. Frome our Court at Windsore the 16*** of July 1629." 
Hoiyrood « After our verie heartilie commendatiouns. We ar informed that yow, FoL 166, b. 

House, loth ... 

July 1629. being his Majesteis shireff in these bounds, and the executioun of the 
Sheriff of *^^ law committed to your charge, yow ar notwithstanding denunced his 
Caithness, at Majcsteis rebcU and putt to the home at the instance of M' Eichard 



1629. CHAELES I. 223 

B.1T1I Uttere, MerchinstouTi, Archdeane of Caithnes, for not taking of David Bruce of the horn for 
FoLi66,h. Stamstell, rebell, and at the home for not making payment to the said duties of his 
Archdeane of aucht bollis twa firlotts victuall, with the sowme ot^^^' -.^ 

Seoan^yp. 168. 

fonrtie punds money for the vicarage of the said David Bruce his lands 
within the parochin of Bower of the crop and yeere of God 1625 yeeres, 
as ane pairt of his stipend for serving the cure at the kirks of Bower 
and Wattin ; by whiche your carelesse neglect and connivence the said 
David Bruce is encouraged to stand out in his rebellioun and to defraude 
and withhold frome the minister his stipend : This mater being heard at 
the Counsell table and the ministers estait being muche pitied and your 
inexcusable oversight highlie aggravated and condemned, we have 
notwithstanding forborne to proceid aganis yow according to the merite 
of your fault and have beene pleased rather to certifie yow of your 
dewtie than to punishe yow for your offence ; in whiche regaird we will 
eamestlie intreate and thairwithall advise yow to further and assist the 
minister with the executioun of the law and that yow use your best 
power, care and diligence for making the rebeU lyable to the course of 
justice, sua that the minister may be satisfied of his stipend and that he 
have no just cans to compleane hereafter of anie remissenesse or con- 
nivence in yow, hot that he may have all the favour quhilk the lawes of 
the kingdome and your power in the executioun of your office at this 
tyme may affoord him, otherwayes we will be constrained to take suche 
ane exemplar ordour with yow as may be ane terrour to other shireffs to 
offend in the lyke kynde heerafter ; bot hoping that yow will be more 
respective of your dewtie and the parteis interesse, we committ, etc. 
Halyruidhous 16 July 1629. Svhscribitur, Hadintoun, Wintoim, Lin- 
lithgow, Hamiltoun." 
roi.i68,a. "Charles R, Right trustie, etc. Whereas we ar informed that theWm<*Jg^i^^ 

commiasiouns of the peace of that our ancient kingdome hes not as yitt Letter from 
beene renewed since the death of our lait deare. father by whois deceasse ^*^ ^*j®®*y 

•^ . reqmnng the 

the - same ar determined, and that manie of the justices therein appointment 
mentiouned ar ather deid or living in some other shyres, or aged and of the Peace 
infirme, to the great hinderance of justice and of the peace and quyetnes?J^^^J*®j|[®J®^" 
of our said realme, our pleasure therefore is and we doe heirby authorize, commisaiona 

Ml J • .. i.1- -J • • i ..!_ fortheofficeas 

will and reqmre yow to cans renew the saids commissiouns of the peace have fallen 
during our pleasure onelie and with additioun of suche others justices as"***' abeyance. 
yow thinke fitt for that charge, having alwayes ane speciall care that 
they be men of sound religioun and of sufficiencie, integritie and abilirie 
to live as men of that qualitie, and that in everie one of the saids com- 
missiouns aU the lords and others of our Privie Counsell be first named 
as being commissioners of the peace throw the whole kingdome and nixt 
the Ciistos Rotulorum in everie shyre, and thridlie the rest of the justices 
according to thair ranke and quaUtie, reserving alwayes the nominatioun 
of the Clerk of the Peace of everie shyre unto our Secretareis, who by 
these presents ar authorized by us for that effect ; and in doeing heirof 



224 REGISTER OF THE COUNCIL. 1629. 

yow sail doe unto us acceptable service ; and so we bid yow heartilie Royal Letter^, 
farewell. Frome our Court at Windsore the 16 day of July, 1629." FoUi68,a. 



Edinburgh, Sederunt — Mar; Monteith ; Linlithgow; Galloway; Lauderdaill ; ^^ J^ 

18th July 1629. Areskync ; Master of Elphinston ; Clerk of Register; Justice leso! "" 

Clerk ; Sir John Scot. ^^*- ^^' *• 



Charge anent " Forsameekle as the Lords of Secreit Counsell ar informed of the 
have^ariaen ^^ tumultous convocatiouns and unseemelie backings betuix the Erles of 
^Ts^of ^* Cassils and Wigtoun within the buigh of Edinburgh thir twa or three 
wigtonand dayes bygane, ainongs whome and thair freinds there is suche ane 
Edinburgh animositie and heate as may produce great disordour and troubles, for 
fbwdays!^ ^"* preventing whairof the saids Lords ordains ane maisser to pas and in his 
Majesteis name and auctoritie to command and charge both the saids 
parteis that they nor nane of thame presoome nor take upon hand to 
repaire to the Tolbuith and place of justice accompanied with moe per- 
sons than sevin at the farthest, and all in ane quyet and peaceable 
maner, under the pane of treasoun." 

Hou^'^sth Sederunt — Mar ; Monteith ; Linlithgow ; Galloway ; Lauderdaill ; 

July 1629. Tracquair ; Justice Clerk ; Scottistarvet. 

Charge to « Forsamckill as the Lords of Secreit Counsell ar informed that of lait 
Erskine, and within these two Or three dayes bygane there has beene unseemlie convo- 
wnv^^he cations and backing within the burgh of Edinburgh betuix the Erles of 
^rco^^*°°ito ^^^^^ ^^^ Wigtoun, who being noblemen who will be respective of his 
the Earls of ^ Majcstcis pcacc and of thair awin honnour and obedience, yitt it is lyke 
Ca^?8.*° ' eneugh that some restlesse and evill disposed persons attending thame 
may upon the least interveening occasioun give mater of provocatioun 
and ofifence and so doe quhat in thame lyes to draw the noblemen and 
the peaceable and good subjects following thame in bad termes, whair- 
upoun some inconvenients may fall out to the breache of his Majesteis 
peace without remeid be provydit; Thairfoir the saids Lords ordains 
Johne, Lord Areskine, Alexander, Maister of Elphinstoim, and Sir Johne 
Hamiltoun of Magdalens, Clerk of Register, to go to the twa noblemen 
abonewrittin and frome his Majesteis Counsell to admonishe thame what ^^^'^^ ^ 
becometh thame in thair dewtie and alledgeance to his Majestic and to 
the peace of the countrie and to thair awin honnour and credite in this 
case, and to require thame that during thair remaining within this 
burgh upon the service now in dependance they nor nane of thame pre- 
soome nor take upon hand to come to the streits accompanied with moe 
persons nor twelffe at the farthest for cache partie and that in ane quyet 
and peaceable maner, nor that they come to the bar the tyme of the 
said service till they be sent for be the saids Lords after the rysing 
of the Sessioun, and that none of thame bring to the bar with thame 



1629. CHARLES L 22-5 

A<'UJniyi«29- bot sax for eaxihe partie besides thair advocats, and that they dismisse 
vi^ '' all others thair followers who hes not necessarie and knowin occasiouns 
Toi 138, b. qJ thair attendance heir, and that they require the noblemen who ar 
thair freinds to forbeare the backing of thame at tliis tyme ; certifeing 
thame if they faillie or sail doe in the contrair of anie point of the 
premissis, that they sail be callit to thair answere before his Majesteis 
Counsel! and sail be exemplarilie censured as disturbers of his Majesteis 
peace." 

" The whilk day the commissioun abonewrittin being intimat to the 
commissioners be the parteis abonespecifeit, they promised to give 
obedience thairto acccording to thair bound dewtie." 

Sederunt — Treasurer ; St. Andrewes ; Pr^eses ; Privy Seal ; Mair- Hoiyrood 
shell; Wintoun; Linlithgow; Bishop of Dunkeld; Bishop ofjuiy*i629r 
Dumblane ; Lord Areskine ; Master of Elphinston ; Clerk of 
Register ; Justice Clerk ; Sir John Scot. 

" Forsameekill as the Kings Majestic, having takin into his royall con- Order from his 
sideratioun the criminall judgement of this his native and ancient king- fyf^^Se^Smes 
dome of Scotland quhilk consists in the High and Supreme Court of there cireuit 
Justiciarie, whereupon depends the defence of the lyffe and saulfetie of J^'ourte are to 
innocents and the just and dew punishment of delinquents, and how that the persona 
his Majesteis good subjects living farre frome the courts of justice have J'^i^*™^^^^ 
beene forced long to groane under the heavie burdein of manie insolent 
Fui.187, •. injureis, crymes, oppressiouns, and extortiouns, occasiouned ather by 
neglect of the ordinarie officiars of justice, impunitie or power of 
offenders, or for want of meanes to travell to the seate of the Supreme 
Court of Justice to exhibite thair just and lawfull complaints ; and his 
Majestic being careful! that all his good subjects of this kingdome may 
taste of the fruicts of his blessed governement and royall intentioun for 
administratioun of justice to parteis greeved ; Thairfoir his Majestic hes 
beene pleased for the releeffe and confort of his distressed subjects to 
revive the discontinued ancient laudable custome of justice airis, and 
following the course tane be his deere and worthie father of blessed 
memorie in his Parliament haldin at Edinburgh in the moneth of Julie 
1587 hes directed particular commissions of justiciarie to some of his 
Majesteis judges, who representing his royall persoun in thair severall 
circuits ar to administer justice in everie quarter of this kingdome to all 
his Majesteis subjects within the shires where they dwell according to 
thair severall commissiouns and to the lawes and practick of this king- 
dome ; and for this effect the Lords of Privie Counsell hes appointed his 
Majesteis Courts of Justiciarie to be haldin and keeped witliin the shiref- 
domes underwrittin upoun the dayes particularlie following and be the 
persouns aftermentiouned, justices and commissioners nominat be his 
Majestic for keeping and balding of the saids Justice Courts ; they ar to 
you m. ^ 



226 REGISTEE OF THE COUNCIL. 1629. 

say, be his Majesteis right trust cousine and counsellour, Williame, Erie AcUJ^b* 1629- 
of Monteith, President of his Majesteis Counsell and Lord Cheefe Justice i630. 
of this kingdome, and be M' Thomas Henderaone of Chesters and Sir^**^' ^^''** 
Johne Scot of Scottistarvett, twa of the Senatours of the College of 
Justice, or anie twa of thame, for balding of Justice Courts at the burgh 
of Hadintoun for the constabularie thairof , upon Tuisday the saxt day of 
October nixtocome, with continuation of dayes, and for balding of Justice 
Courts at Dunce for the shirefdome of Bervick upon Tuisday the threttein 
day of October nixtocome with continuatioun of dayes, and for haldin of 
Justice Courts at Selkirk for the shirefdome thairof upon Tuisday the 
twentie day of October nixtocome with continuation of dayes, and for 
balding of Justice Courts at Peebles for the shirefdome thairof upon 
Tuisday the twentie sevin day of October nixtocome with continuation of 
dayes; and be the said Williame Erie of Monteith, Sir James Lear- 
mouth of Bdlcolmie, and M*" George Halyburtoun of Foderance, twa of 
the Senatours of the CoUedge of Justice, or anie twa of thame, for balding 
of Justice Courts at the burgh of Lanerk for the shirefdome of Lanerk 
upon Tuisday the saxt of the said moneth of October nixtocome with 
continuation of dayes, and for balding of Justice Courts at the burgh Foi. 1S7, b. 
of Renfrew for the shirefdome thairof upon Tuisday the threttein day of 
October nixtocome with continuatioun of dayes, and for balding of 
Justice Courts at the burgh of Linlithgow for the shirefdome thairof 
upon Tuisday the twentie day of October nixtocome with continuatioun 
of dayes, and for balding of Justice Courts at the burgh of Edinburgh 
for the shirefdome thairof upoun Saturday the twentie fourt day of the 
said moneth of October nixtocome with continuatioun of dayes ; and be 
the said Williame Erie of Monteith, and Sir George Afleck of Balmanno, 
and M' Alexander Seatoun of Kilcreuche, two of the Senatours of the 
CoUedge of Justice, or anie twa of thame, for balding of Justice Courts 
at the burgh of Perthe for the shirefdome of Perth, Kinroscher, and 
Clackmannan, upon Tuisday the saxt day of October nixtocome with 
continuatioun of dayes, and for balding of Justice Courts at the burgh of 
Cowper of Fyflfe for the shirefdome of Fyffe upon Tuisday the threttein 
day of October nixtocome with continuatioun of days, and for the 
balding of Justice Courts at Dumbartane for the shirefdome thairof upon 
Wednisday the twentie ane day of the said moneth of October with 
continuatioun of dayes ; and be the said Williame, Erie of Monteith, Sir 
James Skeene of Curriehill, President of the Sessioun, and Sir Androw 
Fletcher of Innerpeffer, knight, twa of the Senatours of the CoUedge of 
Justice, or anie twa of thame, for the balding of Justice Courts at the 
burgh of Aberdein for the shirefdomes of Aberdein and Bamff upon 
Tuisday the threttein day of October nixtocome with continuatioun of 
dayes, and for balding of Justice Courts at the burgh of Forfar for the 
shirefdomes of Forfar and Kincardin upon Wednisday the twentie ane 
day of the said moneth of October nixtocome with continuatioun of 



Fol.138,1 



1629. CHARLES i. 22? 

ActaJuiyie29- dajes : in the quhilk courts all his Majesteis good subjects having just 
\tn caussis of complaint sail have justice administrat unto thame. And 

FmI. 137, b. thairfoir ordains letters to be direct charging officers of armes to pas to 
the mercat croces of the heid burrowes of the shirefdomes foresaids and 
others places neidful and there be opin proclamatioun to make publica- 
tioun of the saids justice courts to all his Majesteis lieges and subjects 
whairthrow nane pretend ignorance of the same, and to command and 
charge all and sindrie dukes, marqueises, erles, lords spirituall and tem- 
porall, lords of regaliteis, barouns, shireffs, justices of peace, baillies, 
chamberlans, magistrats, and ministers of his Majesteis lawes, and all 
others subordinat judges within the severall shirefdomes abonewrittin 
and whole lieges of the same, that they and everie ane of thame give all 
dew respect unto his Majesteis commissioners and justices foresaids and 
suche speciall assistance as to thair offices and dewtie apperteannes, and as 
IB prescryved and injoynned to be done be thame be the lawes and Acts 
of Parliament of this kingdome, als oft as they sail be required be the 
saids commissioners to that effect, as they and every ane of thame will 
answere upon the contrarie and underly all highest pane and charge 
that after may follow, and that the saids shireflfs cans sufficient and 
l^all men compeir before the saids commissioners at suche dayes, 
tymes and places as the saids commissioners sail appoint, by whome the 
veritie in maters concerning the executioun of the said commissioun 
may be verified and knowin ; as alsua that the saids shireffs and free- 
halders within the severall shires of this kingdome particularlie abone- 
writtin meit the saids justices at the entrie into the shire and convoy 
thame unto the heid burgh of the same and accompany thame during 
thair remaining there, and ay and whill they be receaved be the said 
8hire£fs and his depute at the nixt shyre, according to the tennour of 
the said Act of Parliament." 

" The whilk day in presence of the Lords of Secreit Counsell com- sir John Scot 
peired personallie Sir Johne Scot of Scottistarvet, ane of the Senatours commission for 
of the CoUedge of Justice, and accepted upon him the commissioun for^^®^""*'"^^ 
the circuit courts and gave his oath for the laithfuU discharge thairof 
according to his knowledge." 

The whilk day the Lords of Secreit Counsell having heard and con- The Council 
sidderit the report made be the commissioners of the burrowes tuicheingre^rtof the 
thair advice that it wes not expedient for the publict weale that there 3^™"^[^"^°[ 
sould be ane deacoun of maissouns within the burgh of Dundie and the is inexpedient 
saids Lords being advised with the said report they rested satisfied and should be a 
contented thairwith." ^^^Zli 

" The whilk day Alexander Hay in Leith in name of the compleaners Dundee. 
in Leith compeirand personallie before the Lords of Secreit Counsell pro-p^juSioiiby 
Foi. 138, b. duced before the saids Lords ane extract under the hand of M' Alexander Alexander Hay 
Hay, wrytter to the Privie Scale, of ane infeftment gran tit be the lait certain writs 
King's Majestic of blessed memorie to the burgh of Edinburgh in the*f^*^« 



228 EEGISTER OF THE COUNCIL. 1629. 

of Edinburgh 1603 yccre of God, togidder with the extract of twachartoursgrantitbeActaJiiiyi629- 

the said lait King to the burgh of Edinburgh in the 1616 yeere of 6od,i63o™ 

togidder with ane gift gran tit to the said burgh in the 1609 yeere of ^^^•^^»^* 

God anent the habits of the magistrats of the said burgh, all extracted 

and subscryved be the Clerk of Register ; quhilk infeftments, togidder 

with ane note of some greevances givin in be the compleaners of Leith 

and some acts of court and ane procuratorie produced be M"^ Robert 

Craig and subscryved be ane certane nomber of the inhabitants of 

Leith, wer ordained to be delyvered upon inventar to the provest and 

bailleis of Edinburgh and they ordained to answere thairto upon Tuisday 

nixt. And whereas it was objected aganis the said procuratourie that 

some of the subscriptiouns conteanit thairin wer counterfoote and that 

the persons alledgit subscryvers thairof would not abide be the same, 

thairfoir the saids Lords ordains the said procuratorie to be givin up to 

the said M"^ Robert to the intent he may informe himselfife by whom the 

procuratorie wes trewlie subscryved, and who will insist in the persute, 

and to report upon Thurisday nixt." 

p[^^\^nd^*^ " ^^ whilk day in presence of the Lords of Secreit Counsell com- 

baiiiesof Edin-peired personallic the proveist and bailleis of Edinburgh, with some of 

the petition the counscU of the burgh of Edinburgh, and M' Johne Hay, clerk of the 

SisM^a^ty'by ^^^ burgh, thair preloquutour, and the said M"^ Johne in name and 

Cni'^^"^^ behalffe of the saids proveist, bailleis and counsell, protested that 

M' Robert Craig, advocat, had no warrand to petitioun the King's 

Majestic frome the inhabitants of Leith except for suche persons 

allanerlie as hes subscryved the procuratorie produced by him this day 

bearing daifc at Leith the sevintene and auchtene dayes respective of 

July instant, in regaird of the said M' Robert his refuisall to produce or 

shew anie other warrand than the procuratorie foresaid he being oft 

tymes required thairto be the said M' Johne Hay. Whairupon he asked 

instruments." 

Hay'sproLsta- " '^^^ whilk day Alexander Hay in Leith in name of the compleaners 

tion. of Leith protested that the subscryving of the procuratorie by the per- 

souns thairin mentiouned sould not be prejudiciall unto thame hot that FoI. 139, a. • 
notwithstanding thairof they might be receaved witnessis in the caus." 
to^c^^pSw^or " ^^^ Lords of Secreit Counsell remembering that they ar not in use to 
Edwibuxigh or reccave advocats to pleade in anie caus before thame, thairfoir the saids 
Lords discharges advocats to compeir for either of the parteis of Leith 
and Edinburgh in the maters now contraverted betuix thame." 

HolS^ist [Sederunt as above recorded.] Decreta, 

July 1629. l^Januan 

Sr^aWck^ Complaint by Mr. Patrick Schaw, minister at Selkirk, as follows: — ByF^'232,a. 
Shaw, minister direction from the bailies of Selkirk he went on 2nd July instant with 
against Eliza- One of the town officcrs to the house of Elizabeth Ormestoun in Selkirk, 
heth Ormwton ^q gg^j^ delivery of a cow which was in her possession. They had 



1629. CHAELES I. 229 

Decreta, « appreheudit the kow " iii order to take it with them, when the said for assault 
i'527 January Elizabeth, with Jean Eobaoun, her daughter, and others, not only daughters. 
'^*' deforced the said officer, but she, after uttering a number " of disgracefull 

Foi. 232, b. and opprobrious speeches " against the complainer, came fiercely upon 
him, and would have " committed some great insolence aganis him," if 
the officer had not interposed. Thereupon she " verie bitterlie flew upon 
Margaret Schaw, his daughter, and schamefullie rave her face to the 
e£ETisioun of her blood, and the said Jeane Kobsoun entered upon Issobell 
Schaw, another of the compleaners daughters, being hot ane bame, 
rugged her be the haire of the head and rasched her to the ground upon 
hard stones whairby she verie cruellie hurt and woundit the harmelesse 
damosell/' Being cited before the magistrates of Selkirk she has fled 
the town. Charge having been given to the said Elizabeth Ormestoim 
and Jeane Eobsoun, and pursuer and defenders compearing and probation 
being referred to the pursuer's witnesses, who failed to prove any part of 
the said complaint, the Lords assoilzie the defenders. 

Counter complaint by Elizabeth Ormestoun, spouse to James Mitchel- Coimter-com- 
hill in Selkirk, as follows: — On 2d July instant Mr. Patrick Schaw, L^Omiston 
minister at Selkirk, accompanied by Patrick Eichartsoun and Margaret ^^^^^jj"^^ 
F"i. 233, a. Ker, his servants, and others, came by way of hamesucken about 1 1 of minister at 
the clock at niglit to the complainer's dwelling house in Selkirk, law- hamesucken 
lessly broke up the doors of the stable, and meeting the complainer " in ^^^ a»sa^i^- 
his awin closse " he " to the disgrace of his calling, shamfullie invaidit 
and perse wed her with ane great rung and gave her diverse bauche and 
blae straikes thairwith on her shoulders, kuist her backeward to the 
ground, tooke her be both the shaikell bones, shamefullie and unhonestlie 
crying, * Woman, I sail lett the see that I sail make ane bussard of the,' 
and so biraed and bulfetted her with manie sad and heavie straikes, as she 
hes continuallie sensyne beene under great sickenesse ; lykeas they tooke 
frome the compleaner her purse with ane great sowme of money being 
thairin and barbarouslie rave her cloathes afif her, to the disgrace of the 
said M' Patrik his professioun, who sould be ane exemplar of obedience 
to others." Charge having been given to the persons complained upon 
and they and the pursuer compearing, and probation being referred to 
the pursuer's witnesses, who failed to establish any point of the com- 
plaint, the Lords assoilzie the defenders, but reserve to the pursuer 
action against the said Mr. Patrick Schaw for the cow alleged to have 
been taken by him from her. 
^oi. 233, h. Complaint by Dame Helen Oliphant, relict of Sir John Halyday, and CJompiaint by 

John Kinnaird, fiar of Fordie, now her spouse, as follows : — She had oHphant! ^^ 
"caused win and leade ane great nomber of stanes with ane hundrethj^^^^^^^^*^ 
loade of faill and divvets to have bigged ane hous upon her lyferent against Law. 
lands of Tulliboill, callit the Cruikhauche, for easing of her tennents Knockvatyme 
with whome she had agreed for occupying of the same hous," and looked d^^w ^a '^ 
for no hindrance therein, especially from them, yet on July instant, ^ouse which 



230 REGISTER OF THE COUNCIL. 1629. 

she had built Laurence Keltie in Knockyatyme, Janet Kid, his wife, Andrew Patoun DecreU, 
her tenimts? of Claysidc and Janet Mairshell, his wife, John Quhyte in Cruike of i627Wanuary 
Dowane and Marjorie Dewar, his wife, Margaret Dempster, widow of ^^233 b 
William Livingstoun at the Cruikmylne, Marion Rodger, widow of 
Andrew Doiwie at the Cruik of Dowane, and Andrew Dowane (Dowie), 
her son, her vassals and tenants, went to the said lands " where she had 
alreadie bigged up the yairds dykes, the side wallis, and gavellis of the 
hous and layed ane great quantitie of timber for geasting and coupples 
to the hous," and demolished the whole, cutting and destroying " the 
divvetts and other faill whairwith the same wes bigged, and kuist thame 
in ane water, cutted and lowsed the whole coupples of timber," and so 
made it useless. Charge having been given to the tenants named, who 
compeared, and the said John Kinnaird compearing for himself and his 
wife, and probation being referred to the pursuer's witnesses who failed 
in proving any point of the complaint, the Lords assoilzie the defenders, Foi. 234, a. 
and appoint 40s. to be paid by the producer to each of the witnesses. 
Complaint by Complaint by Gilbert Fergussoun, servitor to Mr. David Lindsay, 
guson,8em'tor parson of Bcthclvie, and the said Mr. David for himself, as follows: — 
toMr^David q^ Patrick Sinclair in Blairtoun, came to the said Mr. 

parson of David's lands of Bethel vie, where his said servant was pasturing his 
againstPatrick cattle, and SO assailcd the poor man with a great baton upon his 
Biahton for shoulders and other parts of his body that he was not able to stir ; then 
assault. he " tirred the said Gilbert to the sarke and caried away his cloathes 

with him and left the poore man naiked." Charge having been given to 
the said Patrick Sinclare, and the said Mr. David compearing for him- FoI. 234, b. 
self and his said servant, but the defender not compearing, the Lords 
ordain him to be put to the horn and escheat. 
Complaint by Complaint by Mr. James Drummond, minister at FouUes, and George 
Drummond,' Hay of Killour, One of the Justices of Peace for Perthshire, as follows : 
FoSi^ against — Andrew Buchan in Buchantie, " ane dissolute and vitious persoun," 
Buchanin baving for his scandalous behaviour, such as striking the late minister 
Buchantie for of the kirk of FouUis and his own father, and " tuilyeing upon the 
pmonaUbuse. Sabboth day," been cited before the Kirk Session of Foullis, contemptu- 
ously disobeyed, and because the minister presumed to process him, 
he resolved to have his life. Accordingly, learning that the said minister 
was in the kirk of Foulles on 15th June last " at his meditatiouns," 
he came to the kirk yard, and awaited his outcoming. The minister on 
coming out saw him, and asked him the reason why he had not obeyed 
the Session, and received the answer that he would obey. Thereupon 
the minister returned to the kirk, when " the said Robert " [sic] cried to 
him to come out, and after he had come out, the " said Robert proudlie 
affirmed that he would not obey, whether the minister would or not, 
and followed the minister, crying in ane raylling maner and he wer 
hanged upon it he sould not come, and he durst not stirre him for his 
hanging, tooke up ane great stone whairwith he had felde the sai4 



1629. CHARLES I. 231 

Decreta, minister if he had not beene awar, flew on his face and shamefullie 
i'^ir-janoary skarted him; so that the said minister, being ashamed thus to be abused 
lu 234 b. ^ ^^^^ dissolute persoun, he retired to ane hous neere by to be quyte of 
his trouble, bot the said Robert followed him to the hous, calling him 
* debosht Drummond,' with ane nomber of others opprobrious speeches, 
satt doun in the hous neere by the minister of purpose to have provoked 
him to some contestatioun with him untill he wes putt furth of the hous, 
and than he awaited the ministers furthcomming with ane great sled 
tram whairwith he thought to have feld him ; bot being at this time dis- 
appointed in respect the minister wes advertised of his purpose he than 
demed himselffe in ane hous of Foulles by the quhilk the minister 
behoved to pas in his retume home, untill three after noone, at whilk 
Ffji. 235, a. tyme perceaving the minister passing by he threw ane great stone at him 
whairwith he had not failed to have feld him if he had not turned about 
tymouslie and escaped." The said Robert being then apprehended by 
the foresaid Justice of Peace and warded in the tolbooth of Perth till he 
found caution to keep the peace and was otherwise punished, the provost 
and bailies of Perth put him to Uberty without any satisfaction to the 
party whatever. Charge having been given to the said "Andrew 
Buchan " [sic] and to William Hall, one of the bailies of Perth, to produce 
him, and the pursuer compearing, but neither of the defenders, the 
depositions of certain witnesses were taken, whereupon the Lords find 
the said Andrew Buchan guilty of assaulting the pursuer " both with his 
hands and be casting of stones at him and that he upbraidit him 
with diagracefuU and reproachefull speeches calling him 'Deboshed 
Drummond ' and avowing that he sould have ane durke readie for his 
ribs, and that thairafter he brake ane cairt tram whairwith he purposed 
Foi. 235, b. to have invaidit and persewed the minister.'* They also find that the 
said William Hall has very contemptuously disobeyed the charge given 
to him, and ordain both to enter in ward within the tolbooth of Edin- 
burgh within six days, which if they fail to do, they are to be put to the 
horn. 
Fmea, 1614^1. Complaint by Sir Thomas Hoip of Craighall, King's Advocate, and James Hoiyrood 
Guthrie, writer in Edinburgh, as follows : — The wearing of hagbuts and juiy 1629. 
pistols is strictly prohibited by law, yet when the complainer sent ^™pljj^J^7 
Geoi^ Andersoun, messenger, to execute certain letters he had raised writer in Edin- 
against John Ramsay of Balnabreich for payment of certain interests, joh^ iura^y 
and to poynd some goods for the same on the lands of Balnabreich, for^hJ^tenw? 
Ramsay, accompanied by Alexander and William CoUace, his brothers-in- assault on 
law, and others to the number of four score persons, all armed "with son, measouger] 
bandit stalffes, pow axes, partisans, jackes, corsletts, steil bonnets " and cha^o o?hU 
other weapons, and the prohibited hagbuts and pistols, came on the l7thoffice. 
June last in warlike manner to the ground of the said lands, " the said 
Johne Ramsay as captane of this convocatioun going before with ane 
buffiU coate on him, twa dags at his belt, and ane commanders battouu 



232 REGISTER OF THE COUNCIL. 1629. 

in his hand, drew thame up in militarie fonue and placed thame about fJS®^f27^^a|"^^' 
the houses where the goods poyndable wer, and than lappe on horse- 
backe himselffe and come and mett the messinger and his witnesses, 
threatened to take the messingers blasoun and cast it in the Foi. 127, b. 
fyre and to putt bullets in him and his witnesses if they preast to 
poynd his goods." When the messenger and his party essayed to 
perform their duty, the persons foresaid pursued them of their lives, 
" held the points of thair lances and speiris unto thame and bendit thair 
hacquebutts " intending to slay them, and so they deforced the said 
messenger. Charge having been given to the said John Ramsay and 
Alexander CoUace, and pursuers and defenders compearing and proba- 
tion being referred to witnesses, the Lords assoilzie the defenders in 
reference to the wearing of hagbuts and pistols, but find that the 
defenders " convocat and assembled togidder the nomber of fourescore 
men armed with pow axes, Jedbrugh stalffes and forkes, and that they 
having houssed the goods Balnabreich come himselfTe upon horsebacke 
with ane blew bonnet, ane buffiU coat and ane lang sword, accompanied 
with Alexander CoUace and ane footman who caried ane lance and that 
they come to the messinger and inquired for his warrand, and bade the 
messinger goe his way and come not againe otherwayes he sould repent 
it ; and that the officiar having come to the hous where the goods wer 
the said Johne Ramsay and his complices held the points of thair 
halberts and speiris to him and his witnesses, saying to the officiar that ^oi. 128, a. 
if the goods wer upon the ley he durst not take thame, and if he or his 
witness come agane that earand some of thame sould ly behind." For 
this insolence the Lords fine John Ramsay 400 merks, of which 200 are 
to go to his Majesty and 200 to the party. Ramsay is also to pay the 
expenses of the witnesses, and to be warded in the tolbooth of Edinburgh 
till payment is made. He is further to find caution in £500 acted in 
the books of Secret Council for the indemnity of James Guthrie, and his 
men, tenants and servants. 
HoIwe^2i8t " ^^^^^ Sacred Soverane, — Having for obedience of your Majesteis letter ^^32!^^^' 

July 1629. directed unto us tuicheing the religious educatioun of noblemens sones Foi. I66, b. 
M^j^Jt^anSit S^"^^^ ordour that James Dowglas, sone to the Erie of Angus, sould Ije 
^®«>jof the putt to the Colledge of Edinburgh attendit with ane pedagogue sound 
* in religioun, and that both sould be boardit with Mr. William Dowglas, 
one of the maissers of Counsell, we wer thairaf ter informed of the said 
James his scandalous behaviour within the Colledge and refuisall to 
repaire to the Churche, quhairupon we placed him with Mr. Johne 
Adamesoun, Principall of the said Colledge, to have remained with him 
for fyf tene dayes, to the intent the said Mr. Johne might have had the ^^^ ^^^ ** 
more frequent occasioun of conference with him for his instructioun and 
saulffe breeding in the grounds of trew religioun ; bot the youth havinsf 
without the knowledge of the Principall convoyed himselffe privilie away, 
we directed charges aganis the said Erie, his father, for exhibition of 



1629. CHAELES I. 233 

Royal Letters, him, who compeiriug this day before us and the escape of his said sone 
Foi. 167, a. being objected unto him as done by his foreknowledge, directioun and 
allowance, seeing he was putt to the Colledge upon conditioun not to be 
removed thairfra untill your Majesteis Counsell wer first acquainted 
thairwith, the said Erie purged himselffe upon his honnour that he wes 
not accessorie nor upon the foreknowledge of his sones escape, and 
declared that having since made searche for his sone and recovered him 
and finding him altogidder unwilling and averse to prosecute his studeis 
heere, he thairupon resolved before he wes charged to send him to 
England with letters of recommendatioun to the Duke of I^ennox and 
the Ladie Dutchesse, his mother, for placeing him in some one of the 
Universiteis by the advice of Doctor Topham there to be disposed of as 
your Majestic sould direct; quhairwith we have thought good to 
acquaint your Majestic to the intent your Majestic may be pleased in 
your accustomed pious care to provyde for the religious and saulffe 
educatioun of this young gentleman as to your princelie wisdome sail 
seeme fitting, and so, etc. Halyruidhous 21 July 1629. Suhscribiivr, 
St. Andrewes, Monteth, Hadintoun, Mairshell, Wintoun, Linlithgow, 
Dunkelden, Hamiltoun, S' Thomas Hoip, S' George Elphinstoun." 

f)^'<im'bJr ^^ S'c^fcrwTi^ — Treasurer ; Bishop of St. Andrewes ; Monteith, Pni?ses ; Hoiyrood 

1630. Privy Seal; Bishop of Glasgow ; Mairshell; Linlithgow ; Perth ;juiy^i629. 

Foi. 139, «. Wigtoun ; Lauderdaill ; Bishop of Dunkeld ; Bishop of Aber- 

dein ; Bishop of Murrey ; Bishop of Galloway ; Bishop of Rosse ; 

Bishop of Dumblane ; Bishop of Caithnes ; Bishop of Orkney ; 

Bishop of Yles ; Bishop of Argyle ; Lord Areskine ; Lord 

Melvill; Lord Carnegie; Lord Jedburgh; Lord Tracquare; 

Master of Elphinstoun ; Clerk Register ; Advocate ; Justice Clerk ; 

Sir John Scot ; togidder with ane nomber of the commissioners 

fronie the severall presbytereis of this kingdome. 

" The whilk day the Kings Majesteis missive letter directed to the Lords The meeting 

.,.,,. . -»A . . ^ ,, . , . 1 • . J • „ anent Papists. 

of his Majesteis Pri Vie Counsell tuichemg the occasioun and caussis otsee^„^^^pj85. 
this meeting wes presented to the nobilitie, clergie, counsellours and 
commissioners present, and read in thair audience. Quhilk letter is 
registrat upon the twentie three day of Junij last." 

" The whilk day the commissioners frome the severall dioceis and Production of 
presbytereis of this kingdome being callit and compeirand they gave in 
the rollis of all excommunicat papists and others persouns suspect in 
thair religioun within thair bounds." 

" The quhilk day the nobilitie, clergie, counsellours and commissioners ^F^^^l^ 
present gave ane committee [sic] to the Lords President and Privie Scale, for the sup- 
the Erics of Lauderdaill and Wigtoun, the Lord Carnegie, the Archbishops ^^^\l^, ^ 
of S* Androwes and Glasgow, the Bishops of Aberdeene, Murrey, Rosse, 
and Dumblane, Sir Thomas Hope, his Majesteis Advocat, M' Andrew 



234 EEGISTER OF THE COUNCIL. 1629. 

Ramsay, M' Williame Struthers, M' Gawin Dumbar, M' Alexander Acta July 1629- 
Rosse, M' Theodore Hay, M' Thomas Eamsay, and M' Williame Annand i630. 
to conveene and meit the morne at sax of the clocke in the morning in Foi. 1S9, h. 
the laich counselhous of Edinburgh for setting doun of overtours for 
repressing of Poperie and to report thair proceedings to the great 
meeting upon Saturday the twentie fyve of this instant at aucht of the 
cloke in the morning." 
'^e*tan*'^t^ "The nobUitie, clergie, counsellours and commissioners present all in 
excomrauni- one voicc ordaius the Act of Parliament made in anno 1609, whairby it 
to^be put^* is ordained that no excommunicat persoun sail injoy the possessioun of 
execution. HiaiT lands and livings bot that the same sail be whollie uplifted to his 
Majesteis use, to be putt to dew executioun in all points conforme to the 
tennour thairof." 
Commission " The whilk day choise wes made of some certane persouns to be 

for the pur- .. '' «▼• ••! • i 

suit of Papists, commissiouers for persute of Jesuits, semmane and messe preists, and 
excommunicat papists, as by the commissioun heerafter following is 
evident."^ 

Hoiyrood FSederunt as recorded above.l Decreta, 

House, 23rd *" -" NoTcmber 

July 1629. ie27^anuary 

Petition by Petition by William Seatoun of Blair as follows : — He has been l^Vwr v 

William . . . ^^^' 23^1 "• 

Seton of excommunicated for nonconformity to the religion presently professed 
gwds may^^ within this kingdom and their lordships have charged officers of arms to FoL 238, a. 
restored seeing t^ke the house of Blair and uplift his goods for his Majesty's use, by 
confirmed to virtuc whcrcof Alexander Guthrie, herald, and Robert Mercer, messenger, 
refigi™ Came on to his lands and house of Blair, took his house, carried 

off a great number of his oxen, sheep and other bestial to the market 
cross of A})erdeen, and there apprised the same. His goods were 
purchased by Patrick Leslie, bailie of Aberdein, for 400 merks and £26, 
and he has given bond for this money to the said herald and messenger. 
" Seing now it hes pleased God to opin the compleaners eyes to see the 
errours of the superstitious professioun whairin he hes beene misled this 
whyle bygane," and that he has given satisfaction to the Bishop of 
Aberdein, his ordinary, " by ane absolute conformitie to the religioun 
presentlie profest within this kingdome," as the said Bishop and 
commissionei-s from Aberdein will testify, he craves their Lordship's 
command to the said herald and " maisser " to deliver to him the keys of 
his said house and the bond foresaid, so that by redelivery of it he may 
obtain the restoration of his goods. The Lords, after hearing a declara- 
tion by Patrick, Bishop of Aberdein, testifying to the petitioner's 
conformity, grant the prayer of his petition; he having enacted himself Foi. 286, b. 
to compear before the Lords whenever cited and answer to any charge 
which shall be made against him concerning his religion or resetting or 
haunting the company of Jesuits, priests or excommunicated Papists, 

^ See under date 25th Juljr, posfea^ 



1629. CHAELES I. 235 

i>«Teta, and that he will not reset any such under the penalty of 500 merks toties 
i-fir-January qtiottes ; and having also acknowledged that the proceedings of the said 
M 236 b. officer were lawful and warranted, and that he has no action for that 
cause against him. 

[No record of Sederunt.] Hoiyrood 

L -^ House, 24th 

July 1629. 

Complaint by Alexander Schort, weaver in CoUonoch, as follows : — Complaint by 
When on March last he was peaceably walking " upon his awin toft in short, weaver 
CoUonoch," Andrew Strauchane in Endiauche came to him, and without ^^^^yj**^^^* 
any provocation " patt violent hands in his persoun, caried him with ^^^^V^ . 
thame [sic] perforce, band his hands behind his backe with ane tedder," Endismche for 
alleging that he had stolen some of his grain. He then went and robbery?'^ 
searched the complainer's house for the same, " hot finding none he than 
tooke a certane quantitie of cornes furth of his awin barn neere by, 
sewed thame in a pocke, patt thame about the compleaners necke, and 
thus caryed thame [sic] as ane theefe with ane fang to the plsuje of Stra- 
bogie where he keeped thame in the ymes for the space of foure dayes 
in great miserie," after which the complainer was released on caution to 
appear before the bailie depute of Strathbogie to answer to any charge 
again&t him by Strauchane. Accordingly on March he appeared in 

the said bailie court of Strabogie, where he expected to be dealt with in a 
legal way, instead of which the said Andrew Strauchane, with the pur- 
pose of undoing him in his name and means both, took him out of the 
court, carried him to the place of Strabogie and after keeping him there 
Foi. 237, a. Bomc time, oflfered to the complainer that if he would give him his best 
cow, he would let him free. The complainer refused, whereupon 
Strauchane went to his house and took away his whole plenishing and 
cattle and other belongings, leaving him nothing to sustain himself and 
his poor family with, thus usurping his Majesty's royal power and 
authority. Charge having been given to the said Andrew Strauchane 
and he and the pursuer compearing and the probation being referred to 
the pursuer's witnesses, who failed to substantiate any point of his 
complaint, the Lords assoilzie the defender. 
pnc06i4-Si. Complaint by John, Earl of Mar, Lord Areskine and Garioch, Lord Hoiyrood 
'' '** High Treasurer of this kingdom, and Sir Thomas Hoip of Craighall, "^i^'^'^l,^^ 
knight baronet, King's Advocate, as follows : — The wearing of hagbuts Com^^^iaint by 
and pistols and the slaying " of deir, rae, wylde foule and vennisioun " Mar, 
is very strictly forbidden by law, yet Angus M^^Intoshe of Tirenzie, John |[r*^Thomas*°^ 
M*^Intoshe, his brother, John M^Koull in Killerygne, John M^Knokhill Hope, King's 

Advocate 

in Forther, David M^Knokhill, his brother, William M^Knokhill in against Angus 
Auchinmoir, David Ogilvie of Bellatie, James Mai Alwes Schaw in^J^^j;^^^ 
Kinyteache, John and Ferquhar Schaw, his sons, James Ga, son ^'^ ^jJ^^^^ii^^J"^, 
Foi. 128, bw Alexander Gaw in Lellancrof t, William M^Ildowie there, Thomas Moreis and cutting 
in Delsenkar, Lachlan M^'CouU in Kildrynie, Andrew Eattraj^ ^j timber, 



236 REGISTER OF THE COUNCIL. 1629. 

Darreidlane, Alexander Robertsoun of Drumheid, Alexander M^CouU V® Pines, 1614-31. 
in Cairo, John Murrey in Rinobroche, George Small in Demezane, ^ ' ' 
Alexander Stewart in Cuthill, John Dow M*^Chain in Kilrey, David 
Ogilvie of Newtoun, James Robertsoun, brother to Baron Reid, George 
M*^Condoche in Cuthill, Patrick Robertsoun in Lenachmore, John 
M^^Phatrik V^Onnell there, John M^Keleroy in Linganemore, William 
M^'Robert V*^Connochie in AthoU, Andrew M^Robert, his brother, 
Alexander M^Lauehlane in Craigerine, Patrick M^Keyoche in TuUoche, 
Patrick and AUaster, his two sons, M^ William V^Alaster V^ in Glenshey, 
Richie Maber in Bramar, Allan Eir, and Donald M*^Kichane, vagabonds, 
and Robert Grant alim M^Robie V^Conzell, servitor to the Laird of 
Rathimurchus, have in every year since 1620 or in one or other of 
them worn hagbuts and pistols and made great spoil and destruction of 
wild fowl and venison within the forests of , and has cut and 

daily cuts the growing timber therein. Charge having been given to 
these persons, and the Earl of Mar compearing to pursue and of the 
defenders only David Ogilvie of Bellate, Lachlan M^Coull in Kildrygnie, 
Andrew Rattray of Darreldane, Alexander Robertsoun of Drumheid, 
George Small in Dernezane, David Ogilvie of Newtoun, James ¥ol 129, a. 
Robertsoun, brother to Baron Reid, Patrick Robertsoun of Lenachmore 
and John M^Phatrik V^Connell, and the proof as regards them being 
referred to their own oaths of verity, the Lords assoilzie David Ogilvie 
of Newtoun, Patrick Robertsoun and John M^^Phatrik, who denied the 
accusation, but the others having confessed wearing hagbuts and pistols 
and shooting therewith, the Lords fine them as follows : — David Ogilvie 
of Bellate, 20 merks; Andrew Rattray, £40; Lachlan M^Coull, 40 
merks; Alaster Robertsoun, 100 merks; George Small, 40 merks; and 
James Robertsoun, 40 merks, and ordain them to remain in the burgh 
of Edinburgh till they pay the same. The Lords further ordain the 
defenders who failed to appear to be put to the horn. 
Cautione for The Same day Campbell of Crownane compearing personally poL 129 b 

certain persons - ."^ . „_. *, ,• -i^.iA'i-PT^it '* 

that they will became cautioner in 500 merks each for David Ogilvie of Bellate, 

butarnorshSt^^dr^w Rattray of Darreldane, and Alaster Robertsoun of Drumheid; 

fowl °noT^cut ^^^^^^^ M^Coull of Kildrygnie in £200 for George Small in Dernezane ; 

timber. the Said George Small in £200 for the said Lachlan M*^Coull; Patrick 

Robertsoun in Lenachmore in £200 for James Robertsoun, brother of 
Baron Reid; the said James Robertsoun, in £200 for the said Patrick 
Robertsoun; Patrick Robertsoun in Lay in 500 merks for Alaster 
Robertsoun of Downie ; and the said George Small in 100 merks for 
John M^Phatrik, that they will not wear hagbuts or pistols, nor shoot at 
wild fowl nor venison, nor destroy the woods in future. 

Similar Similar caution by Campbell of Crownane in 500 merks forFoi. 130, a. 

George Ferquharsoun of Brochedarge. 

S^™liJi°\^^ Another complaint by the Treasurer and Advocate as follows : — On 

Mar, 2nd June 1618 Patrick M*^Illeich in Cames became cautioner in 100 



1629. CHAELES L ^3l 

Rues, 1611^1. merks for Alaster M^Patrik V^homas in Stronyloyne ; John Eoy M^DuflF Treasurer, and 
**■ in Innerchadnie became cautioner in £100 for Alaster Kobertsoun in Hope, Kings 
Downie ; the said Alaster Eobertsoun in Downie became cautioner in^^]°^p^^j^^j^ 
500 merks for David Spaldine of Aechintullie ; Alaster M^Patrik ^i*iiieich and 
V^Thomas in Stronyloyne became cautioner in £100 for Patrick became caution 
M^^Illeich in Games ; David Weymes, son of James Weymes at the Mill r^^rsons^who 
of Werie, became cautioner in 500 merks for John Fleeming in "ave forfeited 
Inverchroskie ; Baron Eeid became cautioner in 500 merks for Alaster cautions. 
Eobertsoun in Downie ; the said Alaster Eobertson became cautioner in 
500 merks for the said Baron Eeid ; and the said Baron Eeid became 
cautioner in 500 merks for Eobert Eobertsoun Eeoche in Cultilony : 

FoLi30, b. likewise on 30th March 1620 Patrick Grant of Eathimurchus became 
cautioner in 500 merks for John Grant, his natural brother, that these 
persons would not wear hagbuts or pistols nor shoot at wild fowl or 
venison, yet these persons, principals above mentioned, have frequently 
since been guilty of so doing in the forests of , and therefore 

their said cautioners ought to be decerned in payment of the cautions 
above mentioned. Charge having been given to the said Alaster 
M^Phatrik, David Spalding, John Eobertsoun, Eobert Eobertsoun, Patrik 
Grant of Eathimurchus and John Grant, his brother, and the pursuers 
compearing, likewise, Alaster M^Phatrik, David Spaldine, Eobert Eobert- 
soun, and John Grant in Kandapole — John Eobertsoun of Straloche and 
Alaster Eobertsoun of Downie his cautioner being excused in respect of 
his sickness — and probation being referred to the oaths of the defenders, 

Foi. 131, a. ^i^Q Lords find the said John Grant in Kandapole, brother natural of 
Eathimurchus, guilty of violating the said act of caution, and ordain 
him and his cautioner to pay the same, being 500 merks, and John 
Gi-ant to be warded in the tolbooth of Edinburgh till payment is made ; 
but they assoilzie the remaining defenders present who denied the charge. 

George Duff, agent in Edinburgh, compearing personally, became Caution by 
cautioner in 500 merks that John Grant, brother natural to the Laird agent in Edin- 
of Eathimurchus, would keep ward within the burgh of Edinburgh JoJ^^^J^J^^^ 
till 1st August next, and on that day compear personally before ^^^^^^ brother to the 

Lordships. Laird of 

Rothie- 
nmrchus. 

AcuJi^l6». [Sederunt ut in die preedieto,] H°^^^^th 

leao. July 1629. 

' ^' " The whUk day the nobilitie, clergie, counsellours, and suche others as Charge to 
mett upon the committee, reported and gave in the overtours made and g^ciaUy^"*'*^' 
sett doun be thame anent the repressing of Poperie and punishing of t^J^^uJ^^ge^to 
Jesuits, preists, and excommunicat papists; quhilks overtures being read apprehend all 

J -jj 'I X. ^v. u-vx- 1 • n J • • Jeguiteinthe 

and considdent be the nobilitie, clergie, counsellours and commissioners country and 
present, and some things being refonned and rectified thairin, and they J^|^p^^"^^j^ 
being weill and throughlie advised thairwith, they ordained commissiounspijg"™*^ to 
and acts to be exped and drawin up thairupon in dew and ample forme woiu! 



238 REGISTER OF THE COUNCIL. 1629. 

and to be exhibite upon Tuisday to be subscryved. Lykeas aceordinglie Acta July 1629- 
the saids conimissiouns and acts wer extendit and drawin up of theiesa™ 
tennour following. — Foi-sameekle as altho all Jesuits, seniinarie and messe^**^* ^^'^" 
preists, and excommunicat traffiquing Papists, ar found and declared by 
diverse Acts of Parliament and Secreit Counsell to be most pernicious 
pests in this commounweale and avowed enemies to Gods truthe and all 
Christiane governement, and that thairfoir they wer by diverse acts and 
proclamatiouns made and published heeretofore expresslie commanded 
and charged to have departed f urth of this kingdome within ane certane Foi. 140, a. 
space now of a long tyme bygane, under the pane of deid, yitt partlie 
upon occasioun of the confort and good countenance whilk they find 
amongs nombers of his Majesteis subjects of good qualitie, being popishlie 
affected, and partlie be the negligence and oversight of these to whois 
charge the executioun of the saids acts and apprehensioun and punishing 
of the saids persouns apperteanned, thir Jesuits, seminarie and messe 
preists, hes tane the boldnesse and encouragement fra tyme to tyme to 
repaire to this kingdome, where they bussie thameselffes to corrupt and 
pervert the simple and ignorant people both in thair religioun and 
alledgeance, and some of thir Jesuits and messe preists being craftie and 
politick heads and trafficquers in maters of state they bend thair whole 
endeavoures by sunnising and forging of lees and dispersing of brutes 
and rumours of forrane projects and lesolutiouns among his Majesteis 
subjects of better sort to distract thame in opiniouns and aflfectiouns and 
to raise and interteane factiouns and seditioun in the state, to the trouble 
and disturbance of his Majesteis peace. For preventing of whois 
treasonable courses and preserving of his Majesteis good subjects from 
the snares and dangers whairin thir wicked, politick and bussie headed 
people will not faile to involve thame to thair utter wracke and undoing, 
the Lords of Secreit Counsell being assisted with ane nomber of the 
clergie and commissioners frome the severall dioceis of this kingdome, 
whome his Majestic out of his most religious and pious dispositioun 
towards the propagatioun and advancing of the religioun and suppressing 
of thir pernicious and wicked pests, by whome the religioun and peace of 
the kirk and countrie is so mightilie disturbed, ordained to be conveenned, 
hes commanded and ordained that all Acts of Parliament, Convention 
and Secreit Counsell formerlie made aganis Jesuits, seminarie and messe 
preists, and excommunicat traffiquing papists, sail be put to dew execu- 
tioun in all points conforme to the tennour thairof ; commanding heirby 
all his Majesteis judges, officiars and magistrats to burgh and land, to 
whois charge the executioun of anie of the saids Acts apperteanes, to putt 
the same to dew executioun accordinglie. And forder the saids Lords 
hes givin and grantit, and be the tennour heirof gives and grants, full 
power and commissioun, expresse bidding and charge to the persons par- 
ticularlie underwrittin within the bounds following ; they ar to say, 
to James, Erie of Murrey, his Majesteis lieutennent for the north 



1629. CHAELES I. 239 

ActaJttiy 1629- parts of this kingdome, and to James, Lord Desfurde, Alexander, Maister 
1630. of Forbes, Alexander Irwing of Drum, Burnet of Leyes, John 

Foi 140, b. Forbes of Leslie, Sir Alexander Gordoun of Cluny, James Crichton of 
Fendraucht, Sir James Gordoun, appearand of Lesmore, Androw Fraser 
of Muckalls, Williame Forbes of Tolquhone, Thomas Fraser of Streachin, 
and Abircrombie of Birkinboig, and to the proveist and bailleis of 

the burgh of Aberdein, conjunctlie and severallie within the bounds of 
the shirefdome of Aberdein ; and to the said James, Erie of Murrey, lieu- 
tennent. Sir Johne Grant of Freuchie, James Brodie of that Ilk, 
Dumbar of Grange, Kobert Inneis of Balvenie, Rosse, baroun 

of Kilrawacke, Alexander Inneis of Coitts, Alexander Dumbar of 
Kilboyack, Leslie of Finressie, and Patrik Grant of Easter 

Elcheis, and the proveist and bailleis of Elgine, Forresse, Name and 
Bamif, within the bounds of the shirefdomes of Elgine, Forresse, Name 
and Banff ; and to the said James, Erie of Murrey, lieutennent, Coline, 
Erie of Seafort, Simon, Lord Fraser of Lovat, Patrik, Bishop of Rosse, 
Johne Urquhart, shireff of Cromartie, Rosse of Pitcalnye, Johne 

Gordoun of Buckie, and M' Angus M^Intoshe, minister at Kingussie, and 
to the provest and bailleis of Innernes, conjunctlie and severallie within 
the bounds of the diocie of Rosse ; and to Alexander, Erie of Galloway, 
Williame, Vicount of Drumlanrig, the shireffs of Dumfreis and Wigtoun, 
and to Johne Gordoun of Lochinvar, Sir Johne Charters of Amisfeild, 
Sir Robert Greir of Lag, James Johnestoun of that Ilk, and to the 
proveist and bailleis of Dumfreis and Kirkcudbright, within the bounds 
of the Shirefdome of Dumfreis, and stewartreis of Kirkcudbright and 
Annanderdaill ; and to the said James, Erie of Murrey, lieutennent, 
Johne, Bishop of Caithnes, Johne Sinclare of Rattir, Williame Inneis of 
Sandsyde, and David Sinclare of Din, conjunctlie and severallie, within 
the bounds of Caithnes ; and to the eaid James, Erie of Murrey, lieu- 
tennent, Coline, Erie of Seafort, Donnald, Lord of Rae, Sir 
Robert Gordoun, knight, Johne Gordoun of Embo, Murrey 

of Spainziedaill, James Sutherland, tutour of Duffus, Sutherland 

of Clyn, Johne M^Ky of Dyllirait, and Angus M^Ky of Boighous, con- 
junctlie and severallie, within the bounds of Sutherland ; and to Johne, 
Erie of Kinghome, David, Lord Carnegie, Sir Johne Scrimgeour of Dud- 
dop, constable of Dundie, Lindsay of Edzell, Harie Wod of 

foLi4i,a. Bonytoun, Grahame of Fintrie, Campbell of 

Lundie, Halyburtoun of Pitcur, Thomas Fothringhame of 

Powrie, Sir John Camegie of Ethie, Crichtoun of Ruthvens, 

Alexander Areskine of Din, Camegie of Dinnechin, and to 

the proveist and bailleis of Dundie, Forfar, Breechin and Monrose, con- 
junctlie and severallie, within the bounds of the shirefdome of Forfar : 
and to George, Vicount of Dupline, Lord High Chancellour of this king- 
dome, William, Erie of Monteith, President of his Majesteis Counsell, 
Johne, Erie of AthoU, James Lord Cowper, Mungo, Maister of Stormont, 



240 llEGISTEE OF THE COUNCIL 1629. 

Coline Campbell, appearand of Glenurquhie, Sir James Campbell of Acta Jdy 1629- 
Lawers, Ogilvie of Inchemartine, Moncrieff oti630. 

that Ilk, Sir Williame Stewart of GametulUe, Blair of^^^"^'** 

Batheyock, Mercer of Aldie, Campbell of Crownane, M' 

James Stewart of Ladywell, commissar of Dunkelden, Eattray 

of Craighall, and the proveist and bailleis of the burgh of Perth, con- 
junctlie and severallie, within the bounds of the shirefdome of Perth, 
and stewartreis of Stratherne and Monteith ; and to Williame, Lord Kil- 
mares, James Lord Kosse, Sir George Elphinston of Blythiswod, Justice 
Clerk, Sir Williame Cuninghame of Caprinton, Sir Walter Stewart of 
Minto, Ludovick Howstoun of that Ilk, Williame SempiU of Foulwod, 
Stewart of Castelmilk, Archibald Stewart of Blakhall, Mure, 

appearand of Kowallan, John Birsebane of Bishoptoun, Craw- 

furd of Kilbirnie, Porterfeild of Duchill, Malcolme Crawfurd 

of Newtoun, and Boill of Kelburne, and the proveist and 

bailleis of Irwing, conjunctlie and severallie, within the shirefdome of 
Eenfrew ; and to Coline, Erie of Seaforb, Archibald, Lord of Lome, 
Johne, Bishop of the lies, Sir Donald M^'Connell of Slait, Johne 
M^Cleud of Hereis, Johne Campbell, appeamnd of Caddell, and Lauch- 
lane M^Claine of Morverne, conjunctlie and severallie, within the bounds 
of the diocie of the lies ; and to Thomas, Erie of Hadinton, Lord Piivie 
Scale, John, Erie of Lauderdaill, Lord Dalkeith, Thomas, Lord 

Binning, Johne, Lord Hay of Yester, Johne, Lord Torphichin, Johne, Lord 
Balmerinoch, Johne, Lord Cranstoun, , Lord Kamsay, Sir Patrik 

Hepburne of Wauchtoun, Sir George Dundas of that Ilk, Sir Johne 
Hamiltoun of Prestoun, Sir James Eichartsone of Smeton, M' Patrik 
Hepburn of Smeton, Sir Eobert Hepburne, knight. Sir James M^^Gill of Fol. Ul, b. 
Cranstoun, Sir Johne Dalmahoy of that Ilk, Sir George Forrester of 
Corstorphine, Sinclare, appearand of Eosling, Sir Johne 

Sinclare, appearand of Herdmeston, and the provest and bailleis of the 
burrowes of Edinbui-gh and Hadintoun, conjunctlie and severallie, within 
the bounds of the shirefdomes of Edinburgh and constabularie of Hadin- 
toun, to pas, searche, seeke and take all and sindrie Jesuits, seminarie 
and messe preists, and excommunicat traffiquing rebellious papists, where- 
over they may be apprehendit and whois names sail be givin unto thame 
be the bishop of the diocie, moderator of the presbyterie, or any one of 
the ministers of the presbyterie, or whois names sail be sent unto thame 
be his Majesteis Counsell, or of whome they have certane knowledge 
thamesellfes, and to putt, hold and deteane them in sure firm- 
ance and captivitie ay and whill they be exhibite to his 
Majesteis Counsell and whill ordour and directioun be givin to the 
saids commissioners be his Majesteis Counsell for thair punishment 
accordinglie. With power lykewayes to the saids commissioners con- 
junctlie and severallie to have a speciall CAre and regaird within thair 
severall bounds and offices that the superstitious going in pilgrimage to 



162&. CHAELES 1. 241 

Acta July 1829- chappellis and wellis, quhilk is so frequent and commoun in this king- 
im!^ dome, to the great offence of God, scandall of the Kirk, and disgrace of 

Foi. 141, b. j^jg Majesteis governement, be restrained, and for this effect that they 
cans diligent attendance be givin at all suche pairts and places where 
this idolatrous superstitioun is used, and to take and apprehend all suche 
persouns of quhatsomever ranke and qualitie whom they sail deprehend 
going in pilgrimage to chappellis and wellis, or whome they sail know 
thameselffes to be guiltie of that cryme, and to committ thame to waird 
and to deteane thame thairin till ordour and directioun be given for thair 
tryell and punishment confomie to his Majesteis lawes and Acts of Par- 
liament ; commanding heirby the saids commissioners and everie ane of 
thame to fortifie and assist his Majesteis heraulds and officiars in the taking 
of the saids excommunicat rebellis thair housis and intrometting with 
thair goods to his Majesteis use. And if it sail happin the saids 
Jesuits, seminarie and messe preists, and excommunicat traffiquing and 
rebellious Papists or anie of thame for eshewing of apprehensioim to flee 
to slrenths and houssis, with power to the saids commissioners, con- 
Foi. 142, a. junctlie and severallie, to pas, follow, hunt and persew thame with 
fyre and sword, assiege the saids strenths and houssis, raise fyre and 
use aU other force and warrelyke ingyne that can be had for winning 
and recoverie thairof, and apprehending of the saids Jesuits, seminarie 
and messe preists, and excommunicat rebellious Papists being thairin. 
And if in persute of thame or assiedging of the saids strenths and 
houssis it sail happin thame or anie of thame or anie being in 
companie with thame and assisting thame or within the saids strenths 
and houssis to be slaine, mutilat, hurt or woundit, or anie fyre 
raising, destructioun of cornes or other inconvenient whatsomever to 
follow thairupon, the saids Lords decernis and declaires that the 
same * sail not be impute as cryme nor offence to the saids com- 
missioners nor nane of thame nor to the persons assisting thame in 
the executioun of this commissioun, nor that they nor nane of thame 
sail be callit nor accused thairfoir criminallie nor civillie be anie 
maner of way in tyme comming, notwithstanding whatsomever acts, 
statuts and constitutiouns made to the contrair ; whereanent and all 
panes conteanit therein the saids Lords dispenses be thir presents. 
And generaUie with power to the saids commissioners, conjunctlie 
and severallie, to doe, exerce and use all and sindrie others things 
quhilks for apprehensioun of the saids Jesuits, seminarie and messe 
preists, excommunicat rebellious Papists, and persons superstitiouslie 
going in pilgrimage to chappellis and wellis whilks of law and 
consuetude of this realme may lawfuUie be done: Firme and stable 
balding and for to hald whatsomever things sail be lawfuUie done 
heerin. And ordains letters to be direct charging officers of armes to 
pas to the mercat croces of the heid burrowes of the shirefdomes 
particularlie abonewrittin and there be opin proclamatioun to make 
VOL. m. Q 



242 REGISTEE OF TtlE COUNCIL 1625. 

publicatioun heirof and to command and charge all and sindrie his ActaJuiy 1629- 
Majesteis lieges and subjects to reverence, acknowledge and obey, ryse,i63o. 
concurre, fortifie and assist the saids commissioners, conjunctlie and ^®^* ^*^ ** 
severallie, in all and everie thing tending to the executioun of this 
commissioun, and for this effect to conveene and meit with thame at 
suche dayes, tymes and places as they sail be advertised be thair missive 
letters or otherwayes, and that effauldlie and trewlie they concurre and 
joyne with thame in the executioun of this commissioun and doe nor 
attempt nothing whilk may impede or hinder the same or linger and delay 
the executioun thairof, as they and everie ane of thame will testifie 
thair affectioun and good dispositioun to the trew religioun and punish- KoI. 142, b. 
ing the adversars thairof, and under the pane to be repute, haldin, 
esteemed and persewed as favourers, suppleers and showers of 
countenance and assistance to the saids Jesuits, seminarie and messe 
preists and excommunicat rebellious Papists, and to be punished for the 
same accordinglie with all rigour : And to command and charge the saids 
commissioners to accept this commissioun in and upoun thame, and 
faithfuUie, carefullie and dewtifullie to execute the same, and to be 
readie at all tymes as they sail be required or advertised of the being of 
the saids Jesuits, seminarie and messe preists and excommunicat 
rebellious Papists in anie pairt or place within the bounds allotted imto 
thame, to ryse and goe for persute and apprehensioun of thame as they 
will approve thameselffes worthie of the trust reposed in thame, and 
will answere upon the contrarie at thair perrell." 
CommiMion to »* Forsameckle as altho the ressett, supplee and intercommuning with 

archbishops, ^ .^ . . , . , , ,. * * -r* i- 

bishops, and Jesuits, scmmane and messe preists, who by diverse Acts of Parliament 

to^pprehe^d wer found and declared to be profest and avowed enemeis to all Christiane 

?2^ttJrs*l!f govemements, has beene verie straitlie prohibite and dischargit by 

jesuite, and to manic good Acts of Parliament, Conventioun, and Secreit Counsell, under 

refuse to com- ccrtanc panes mentiouned and conteanit thairin, notwithstanding it is of 

municate. truthe that the ressett, supplee and conforting of thir wicked and 

unhappie people is of lait become to be verie frequent and commoun in 

this kingdome, partlie upon occasioun of the bypast connivence and 

oversight givin to persons offending in that kynde and partlie becaus 

particular commissiouns hes not beene granted for trying and censuring 

of the saids resetts ; and the Lords of Secreit Counsell finding that the 

said resett is the cheefe and speciall cans whairby thir Jesuits and messe 

preists ar encouraged to repaire to this kingdome and to take the libertie 

to corrupt his Majesteis subjects both in thair religioun and alleadgeance, 

whereas if thair resetts and starting holes wer denyed imto thame the 

countrie would not be so farre infected and poysouned with thair 

treasounable projects and insinuatiouns ; Thairfoir the Lords of Secreit 

Counsell, according to ane Act of Parliament made in the moneth of 

Junij 1609 yeeres, ordains and commands all and sindrie archbishops, 

bishops and presbytereis within the kingdome, and with that gives and 



1629. CHAELES i. 243 

ActAJniyi«29- grants unto thame full power and commissioun, to call and conveene before 
1630. thame all and sindrie persouns, resetters of Jesuits, seminarie and messe 

Foi.u2,b* preists and excommunicat rebellis for Poperie, and all sayers and 
FoL 143, a. hearers of messe, at suche dayea and tymes as they sail appoint, and for 
this effect to fence and hold courts and to create officers and members of 
court neidfuU, and the persoun or persons guiltie of the crymes abone- 
writtin or anie of thame to call and accuse, and to deduce and leade 
probatioun thairupon, and to take cognitioun and tryell of the same 
outher by oath of partie or by witnessis ; and in caise anie persoun 
ressetter being lawfullie summound to compeir and answere upon the 
said ressett will notwithstanding wilfullie absent himselffe and shun his 
tryell and so take the cryme upon him, that in that caise they hold him 
as confest, provyding alwayes that the name of the partie resett be 
speciallie condescended upon and the ressett to have beene within the 
space of ane yeere : and the said tryell and probatioun being tane, that 
they report the same to his Majesteis Privie Counsell or Advocat to the 
intent the persouns guiltie may be calUt to thair answere and 
accordinglie punished. With power lykewayes to the saids archbishops, 
bishops and presbytereis, everie ane within thair awin bounds and office, to 
call and conveene before thame all and sindrie persouns who against the 
tennour of the Act of Parliament made in the 1609 yeere of God 
refuises to communicat, and to take tryell and cognitioun of thair 
refuisall ; and if upon dew tryell it sail be found that they ar non- 
communicants, that they deceme thame in the particular fynes and 
panes mentiouned and prescryved in the said Act of Parliament, and 
that they report the processe of thair proceedings aganis the saids non- 
communicants to the Lords of his Majesteis Privie Counsell, to the 
intent that the saids Lords upon consideratioun of the processe may 
direct letters for uplifting of the saids fynes to his Majesteis use and 
that they may modifie the panes to be imposed upon burgessis, seing 
the same ar left be the Parliament to the modjficatioun of the saids lords. 
And recommends to the saids archbishops, bishops and presbytereis to 
have a speciall care to putt this commissioun to executioun." 

"Forsameikle as in the Parliament haldin at Edinburgh in the n^oi^eth ^« .^^*^of ^^ 
of Junij 1609 it wes statute and ordained that no persouns quhatsoever 1609 anent the 
who wer alreadie or thereafter sould happin to be excommunicat for not ^e goods of 
conforming thameselffes to the religioun presentlie prof est within this ?J*^'^^°™^ 
kingdome sould be suffered ather directlie in thair awin persouns or be put in 

, J execution. 

covertlie and indirectlie by anie others in thair names and 
FoL 143, b. to thair behove to injoy the possessioun of thair lands, rents and 
revenewes, hot that the same sould be medled with and uplifted to his 
Majesteis use, as the said Act of Parliament beiris ; quhilk Act the 
Lords of Secreit Counsell all in one voice ordains to be putt to dew 
executioun in all points conforme to the tennour thairof, and 



244 REGISTER OF THE COUNCIL 1629. 

ordains and commands his Majesteis officials to whois charge it apper- Acta July ifi29- 
teans to have ane speciall care that the said Act of Parliament receaveiaso. 
executioun accordinglie." ^^^ ^*** ^' 

Order for the " Forsamcekle as by ane Act of ParUament made in the moneth of 
the Actofi609 Junij 1609 it wes statute and ordained that no persoun nor persons 
i»«otw*not* whatsomever who professes not the trew religioun presentlie profest 
th^^'SS*"^ *^* within this kingdome sail be preferred nor advanced to anie office what- 
reiiffion to somcvcr without exccptioun or restrictioun; thairfoirthe Lords of Secreit 
pubUc^c^Bce. Counsell according to the said Act of Parliament declaires and ordains 
that no profest Papist refuising to communicat being required thairto 
sail have place in Counsell, Sessioun or other judicatorie, nor bruike anie 
office within this kingdome ; and ordains these whome it concerns to have 
ane speciall care of the precies observatioun of the saids Acts. And 
siclyke the saids Lords ordains and by these presents expresshe prohibits 
and discharges all persoims whatsomever being under processe for 
Poperie to resort or repaire to his Majesteis Court without licence frome 
the saids Lords had and obteaned to that effect, under the pane to be 
callit, persewed and accused as contemners of the directiouns of his 
Majesteis Counsell and to be punished and censured for the same 
accordinglie." 
Hearers and " Forsamceklc as by expresse warrand and directioun from the Kings 
to^^ned and Majestic some circuit courts ar to be haldin in the severall shirefdomes 
imprisoned, ^j ^.j^jg kingdomc in the moneth of October now approacheing by some 
of the Senatours of the CoUedge of Justice and the Lord Cheefe Justice 
of this kingdome, and whereas the hearing and saying of messe is now 
become verie frequent and commoun within this kingdome, to the great 
offence of God, scandall of the trew religioun and disgrace of his ' 

Majesteis governement ; thairfoir the Lords of Secreit Counsell ordains ' 

and commands that all the saids hearers and sayers of messe sail be ' 

cited and wairned to the saids courts to abide thair tryell and punish- 
ment for the saids crymes, and that the probatioun to be used aganis 
thame sail be by thair awin oath or by witnessis at the discretioun of 
the judge, according to ane Act of Counsell made to this effect, and that Foi. 144, a. 
the punishment to be inflicted upon thame sail be by fynning and con- 
fynning conforme to ane Act of Parliament haldin at Edinburgh in the 
moneth of. December 1567 yeeres ; or otherwise according to the Act of 
CounseU." 
Allowances to « Forsameckle as by ane former Act and ordinance it is ordained that 

be made for ii..i.ii .t^« t^ ^ • 

the mainten- the rcnts and livings of all excommunjcat Papists sail be mtrometted 
Pa^stsoutof with and uplifted to his Majesteis use, conforme to ane Act of Parlia- 
rente^anSiik ^^^^ made in the 1609 yeere of God ; and whereas it is found expedient 
wise for the that thir cxcommunicat persons sail have some competent allowance 
Sfei™cred^tors modified uuto thame for thair interteanement upon the provisioun and 
stipendiMrf conditioun following ; thairfoir the nobilitie, clergie and commissioners 
ministers. for the Kirk now present remitts to the Lords of Privie Counsell the 



1629. CHAELES I. 245 

Acta July 1(529. modi ficatioun of the allowance to be givin to the saids persons furth of 
1935." thair rents and livings for thair interteanement, provyding alwayes that 

Foi. 144, R, ^Yie saids persons depairt furth of his Majesteis dominiouns and that 
they find cautioun and souertie actit in the bookes of Secreit Counsell 
that during thair absence furth of his Majesteis dominiouns they sail not 
practise aganis the trew religioun presentlie profest and be law 
established within the kingdome nor yitt aganis the state of the same, 
and that they sail retume backe and give thair appearance before his 
Majesteis Counsell when ever they sail be lawfuUie chargit to that eflFect 
under suche panes as his Majesteis Counsell sail appoint ; and whereas 
lykewayes reasoun and justice craves that the lawfuU creditours of thir 
.excommunicat Papists sail be payed of thair trew debts out of thair 
estaits and that lykewayes ministers stipends, few dewteis and taxatiouns 
dew to be payed out of thair lands sail be lykewayes satisfied, Thairfoir 
the saids nobilitie, clergie and commissioners remitts lykewayes to the 
Lords of Privie Counsell the ordour to be takin for satisfactioun of the 
saids creditours and for payment of the ministers stipends, few dewteis 
and taxatiouns out of the first and readiest of the saids rebellis thair 
rents and living, and that the saids ministers stipends, few dewteis and 
taxatiouns be first payed and preferred to all other payments what- 
somever." 

" Forsameekle as all)eit the ressett of Jesuits, seminarie and messe Husbands to 
preists, hes beene oft prohibite and dischargit be the lawes of this king- for their wives 
dome, yitt the executioun of the saids lawes is and hes beene illudit be Pftpi^"*** 
the wyffes of persouns repute and esteemed to be sound in religioun who 
FoL 144, b. pretending misknowledge of the actiouns of thair wyffes in thir caissis 
thinkes to liberat thameselffes of the danger of the said ressett as if they 
wer not to answere for thair wyffes doings, and under this cuUour and 
pretext Jesuits and messe preists ar hoorded and fostered in diverse 
houssis of the kingdome and occasioun thairby offered to corrupt the 
childrein and servants of the hous in thair religioun ; for remeid whairof 
it is heirby declared that the husband sail be answerable and comptable 
to his Majesteis Counsell and Justice of the kingdome that his wyffe, 
being ane profest Papist or under processe for Poperie, sail not resset, 
supplee nor intercommoun with Jesuits nor priests, nor that he nor she 
sail not be served be Papists, and that nane sail be admitted to thair 
service bot suche as have ane testimoniall frome the minister where they 
dwell testifeing thame to be sound in religioun, under the panes conteanit 
in the Acts of Parliament made aganis ressetters of Jesuits, seminarie 
and messe preists." 

" Forsameekle as the Lords of Secreit Counsell past and exped ane Chw^e to the 
commissioun to some persouns within the diocie of Aberdein for putting Kirk dis- 
of the Acts of Parliament anent the Kirk discipline to executioun, ^Jbl^^em to 
quhilks commissioners hes not as yitt made anie report of thair diligence ™»!f® r®P^*^ ^'^ 

*_ . -, ._ •'.. rr.i«i.-i_xT#c«- their diligence 

m the executioun of the said commissioun, Thairfoir the Lords of becreit to the Bishop 

of Aberdeen. 



246 REGISTER OF THE COUNCIL. 1629. 

Counsell ordains letters to be direct charging the commissioners foresaids AcU July 162»- 
to make report of thair diligence in the executioun of the said commis- leso. 
sioun to Patrik, Bishop of Aberdein, within fyftene dayes nixt after they^°^'^**'^' 
be required thairto, or othei-wayes that they within the same space 
report thair said diligence to his Majesteis Counsell, as the saids com- 
missioners will answere upon the dewtifuU discharge of thair com- 
missioun." 
wwdto'i^'aet " Forsamccklc as diverse persouns excommunicat and rebellis for 
atuberty Popcric hes bcenc and ar presentUe in waird for that cans and day lie 
condition of importuns his Majesteis Counsell for thairreleeffe, Thairfoir it is heirby 
l^t^^r declared and ordained that no excommunicat rebell being presentlie in 
profesang the waird or who hccraf ter sail be wardit for maters of religioun sail be 

true rebg^on. . ^^ • 

releeved out of the said waird hot upon obedience and conformitie to 
the trew religioun, or ellis upon thair voluntarie ofifer of banishment 
furth of his Majesteis whole dominiouns.*' 
Acta of Pariia- « Forsameekle as there hes beene diverse Acts made in the tyme of 

ment anont tno 

education of OUT lait sovcranc lord of blessed memorie, one thairof in the Parliament 
CathoUc^'*''°'haldm at Edinburgh in the moneth of October 1579 yeeres, and another Foi.ii5 a. 
noblemen to ^ ^hc Parliament haldin at Edinburgh in the moneth of Junij 1609 

be enforced. o j 

yeeres, anent the educatioun of noblemens childrein, quhilks Acts hes 
beene neglected and hes not receaved executioun thir diverse yeeres 
bygane, so as throw the neglect thairof diverse youthes, als weill the 
sonnes of noblemen as others, hes beene and ar verie farre corrupted in 
thair religioun ; Thairfoir the Lords of Secreit Counsell, clergie and 
others assisting at this meeting, ordains the saids Acts of Parliament to 
be putt to executioun in all points conforme to the tennour thairof, and 
they reconmiend to the bishops and ministers to make ane trew report 
to his Majesteis Counsell of the names of suche noblemen and barouns 
sonnes and daughters whois parents ar suspect in religioun or where 
they ar bred in suspect places." 
Tbe^^i^dren « The whilk day the Bishop of Aberdein gave up the Erie of Errolls 
PapLsts to be twa daughters, the Laird of Dalgateis bames, and the bames of Alex- 
them! ^^ ander Gordoun of Dunkintie to be persouns under vehement suspicioun 
to be corrupted in thair religioun by remaining in thair fathers com- 
panies." 
mmt°''B "The whilk day the Bishop of Murrey gave up the Marqueis of 

daughters. Huutlie his daughters to be persouns under the same suspicioun." 
^^^^fJxT*'?, " The whilk day the Bishop of Rosse gave up the childrein of Donnald 

Donald Neilson t* a - ^ i i • • » 

MacLeod of Jseilsoun 01 Assuit to be under that same suspicioun. 

The children " ^he whilk day the Bishop of Dunkelden gave up the Lord Gray his 

of Lord Gray sone, and Sir John Ogilvie his childrein, to be persouns under the lyke 

and Sir John . . „ ° » r J 

Ogilvie. suspicioun. 

Children of the "The whilk day M' Johne Hay, commissioner for the diocie of 
Abero^°* Glasgow, gave up the Countesse of Abercome and the Lord Sempill thair 
childrein to be persons under the lyke suspicioun/' 



1629. CHARLES I. 247 

ActaJniyie29- " Forsameekle as there hes beene diverse Acts of Parliament made be Charge to the 
1630." ' the Kings Majestie his darrest father of eternall memorie anent the dale, who* is a 
Foi. 145, a. religious educatioun of noblemens childrein, lykeas the Kings Majestie j^^gt^* t^ pre- 
himselffe hes by diverse letters writtin to his Privie Counsell recom-f®»*^*5»«fon 

. before the 

mendit the same unto thame, and whereas llobert, Erie of Nithisdaill, Council. 
is vehementlie suspected in his religioun and that the remaining of 
his sone in his companie may prove verie dangerous to the youth 
and now in his tender yeeres infect and poysoun him with opiniouns 
whairfra it will be difficill thereafter to reclame him, Thairfoir ordains 
letters to be direct charging the said Erie of Nithisdaill to bring, 
present and exhibite his said sone before the Lords of Privie Counsell 
Foi.i45,b. upon the day of , to the intent ordour and directioun 

may be givin for his breiding and educatioun in the trew religioun 
presentlie profest and be law established within this kingdome, under 
the pane of rebellioun and putting of him to the home, with certifica- 
tioun, i&c." 

" Forsameekle as there hes beene some Acts of Parliament made be S^af^® J» J^o 

-.^.. ., ., -,, T . ,., Earl of Suthor- 

his Majesteis darrest father of blessed memorie whairby persons excom- land to remove 
municat and at the home for thair religioun and who does not trewlie Gtordin^o?^*'^ 
pi:ofesse the religioun now established within this kingdome ar secludit ^etherdene, a 
frome bearing of anie publict office or charge within the kingdome, as from his office 
the saids Acts, speciallie ane Act of the Parliament haldin in the depute, and to 
moneth of Junij 1609, beiris, notwithstanding whairof Sir Alexander ^p^^^^J^j^^ 
Gordoun of Neatherdene, knight, ane excommunicat Papist and his t™ religion in 
Majesteis rebell and at the home for that cans, is preferred be , " ^ 

Erie of Sutherland, shireflf principall of Sutherland, to be his depute 
within that shirefdome, lykeas the said Sir Alexander hes most unlaw- 
fuUie aganis the law accepted that office upon him and sitts and gives 
decreits and sentences as if he wer ane lawfuU subject and judge, 
abusing thairby the place of justice, and wronging his majesteis poore 
subjects, whois decreits and sentences recovered before him ar under 
danger to be brought in questioun ; thairfoir the Lords and others 
conveened at this meeting ordains letters to be direct charging the said 
Erie of Sutherland and his tutours and curatours, if he anie hes, to 
nominat and appoint some discreit and lawfuU persoun of sound religioun 
to be his depute in the said office of shirefship and to debarre and 
seclude the said Sir Alexander fra all forder using or exercing of that 
office, within dayes nixt after the said Erie and his saids tutours 

and curatours be chargit thairto, under the pane of rebellioun, etc., 
and if he failyie, the said space being bypast, to denunce him rebell and 
putt him to the home ; and siclyke to command, charge and inhibite the 
said Sir Alexander that he on na wayes presoome nor take upon hand 
to use and exerce the said office of shireflf depute at anie tyme heeraf ter, 
under the pane to be callit and persewed as ane violent usurper of our 
Boverane lords auctoritie and to be punished and censured for the same 



248 EEGISTER OF THE COUNCIL. 1629. 

with all rigour ; and siclyke to command and charge and inhibite all ActoJaiyi629- 
and sindrie his Majesteis lieges and subjects be opin proclamatioun at 1 630. 
all places neidf uU that nane of thame presoome nor take upon hand to ^^^ ' ^' 
acknowledge or obey the said Sir Alexander as shireflf depute of 
Sutherland or to give sute and presence before him or to persew or 
defend in anie actiouns or caussis before him ; certifeing thame that 
failyeis or does in the contrair that not onelie sail all the decreits and FoL 146, a. 
sentences to be pronunced be him in thir maters be decerned and 
declared to have beene and to be frome the begining and in all tyme 
comming null and of nane availl, hot with that they sail be punished in 
thair persouns and goods for thair wilfuU acknowledging of ane usurper 
and unlawfull judge." 
Charge to Sir « Forsamcckle as Sir Alexander Gordoun, knight, being ane excom- 
Gordon, municat Papist and denunced rebell and at the home for that cans and 

apt^'wore ^^ ^7 ^^^ lawes of this kingdome being uncapable of anie publict oflSce 
^MWCTfor'wa ^^ charge within the same, he notwithstanding, in contempt of the law, 
excomunica- not onclie coutincwes under the fearefuU sentence of excommunicatioun 
re^Uton. ^^^ ly^s Still at the processe of home execute aganis him for that cans 
bot with that he usurps upon him the office of shireflf depute of 
Sutherland, sitts in judgement and gives decreits and sentences, as if he 
wer ane lawfuU judge, to the high contempt of his Majesteis auctoritie 
and lawes ; Thairfoir the Lords of Secreit Counsell ordains letters to be 
direct charging the said Sir Alexander to compeir before his Majesteis 
Counsell upon the day of to answere upon his excommunica- 

tioun and rebellioun and to underly suche ordour as sail be tane 
thereanent, with certificatioun to him and he failyie that letters of 
treasoun sail be direct aganis him for randering of his houssis and 
entering his persoun in waird, and sail be thairafter persewed with all 
rigour and extremity." 
The names " The Lords of Sccrcit Counsell ordains the names of all the excom- 

municated municat Papists givin in at this tyme to be published at the mercat croce 
pnxjTafmed at ^^ Edinburgh and other places neidfull and ane catalogue and roll of 
^e Cross o^^^ tijair names to be affixt upon the Tolbuith of Edinburgh, to the intent 
affixed to the the Lords of Scssioun and uthers his Majesteis judges and commissars 
therwf. upon the objectioun of ane partie and inspectioun of the said catalogue 

may refuise processe to the parteis thairin conteanit." 
Caft^eM^and " "^^^ Lords and uthers conveenned at this tyme recommends to his 
Sir Alexander Majestcis Advocat the sight and consideratioun of the hornings used 
aganis the Erie of Caithnes and Sir Alexander Gordoun and to report to 
his Majesteis Counsell what forder executioun by law may be used thair- 
upon." 
Bisho* *o/ " '^^^ Lords ordains the Bishop of Caithnes, who wes personallie present, 

Caithness. to make his addresse with his familie to his awin diocie betuix and 
Martimes nixt and there to remaine and attend his charge as he will 
answere upon the contrarie at his perrell," 



1629. CHAELES I. 249 

ActaJuiyi«». "The Lords ordains the lyke charges to be direct aganis the Erie of The Earl of 
i^sax"* Caithnes and all others excommunicat rebellis for thair compeirance 

FoL 146, b. before the Counsell as is ordained to be direct aganis Sir Alexander 
Gordoun of Neatherdene, provyding it be in the lyke caise." 

" The Lords ordains the Bishops and presby tereis to proceid with the Bishops and 
censures of the Churche indifferentlie and without exception aganis all PJi^^J^^"®* *^ 
and sindrie persons suspect of Poperie of what ranke and qualitie so against Papists 
ever they be under the panes conteanit in the Act of Parliament." 

" The Lords ordains that letters of horning sail be direct upon ten Letters of 
dayes aganis all excommunicat persons dwelling on this side of Dee and ^^nsf 
upon fyftene dayes aganis these benorth for thair compeirance bef ore ^^P*-^^- 
the Counsell." 

" The Lords ordains that no letters be granted against anie minister at Ancnt com- 
the instance of anie excommunicat or rebellious Papist hot uponP^'^^/^""*"®^ 
cautioun for payment of the ministers expenses incaise he sail succimibe ministers by 
in proving of his complaint." *^^ 

" The Lords ordains ane missive to be writtin to the Erie of Murrey, a missive to 
his Majesteis Lieutennent in the North, earnestlie recommending unto Murray anent 
him the executioun of the commissiouns past and exped this day aganis ^*P*^***- 
Jesuits, seminarie preists, excommunicat and rebellious Papists." 

"The Lords ordains ane missive to be writtin unto his Majestic Letter to his 
randering his Majestic most humble thankes for his most religious and the meeting for 
singular care whiche his Majestic caryes towards the propagatioun and ^\>n oi^Faplsts. 
advancement of the trew religioun within this kingdome manifested by 
his letters writtin to his Counsell for that effect, and humbelie intreatting 
his Majestic to give commissioun to the Erie of Seafort for persute of the 
Erie of Caithnes, who is ane excommunicat and rebellious Papist and 
contemnes all ordours and censures of the Kirk, and that his Majestic 
would deale with the Lord Gordoun that his sonnes be putt to some 
colledge for thair better breeding in the grounds of trew religioun ; as 
alsua that his Majestic be petitiouned not to dispense with the law in 
favours of excommunicat rebellis nor to grant unto thame anie forder 
allowance out of thair estats nor sail be modified unto thame be his 
Majesteis Counsell. FoUowes the missive writtin to his Majestic : — 
Most sacred soverane. Your Majesteis godlie and zealous care of the 
Foi. 147, a. maintenance and propagatioun of the trew religioun and suppressioun of 
Poperie within this kingdome whairof we have found the contortable 
effects by the lait meeting appointed by your Majestic for that effect, 
obliges us in the dew acknowledgement of so great ane blessing to powre 
out our most fervent prayers unto God for your Majesteis long and 
happie raigne. The dyet indicted be your Majestic for that purpois wes 
solemnelie keeped by the clergie and the commissioners frome the 
dioceis, who, concurring with your Majesteis Counsell by thair best 
advice anent the ordour to be prosecute for reclaming of the tract- 
able and repressing of the insolent and refractarie sort of Papists, 



250 



REGISTER OF THE COUNCIL. 



1629. 



Letter to his 
Majesty's 
Secretary 
anent the 
same. 



have with unamine consent concludit and sett doiin suche Acts and Acta July 1629- 
ordinances as we hope being carefullie executed will produce thei630. 
intendit efifect ; whairof we have sent up ane copie to your Majesteis ^^^ ^^^' •" 
Secretarie to be showin to your Majestie at your best opportunitie. And 
becaus it is probable that your Majestie will be muche importunned by 
the frequent sutes of incorrigible Papists who, refusing to give obedience 
to the ordours of the Churche, will crave ane mitigatioun of the Act of 
Parliament ordaining thair whole rents and living to be intrometted with 
and uplifted to your Majesteis use, we will humbelie beseeche your 
Majestie not to hearken to anie suche propositioun hot to remitt to your 
Majesteis Counsell the modificatioun of the allowance to be givin for 
thair interteanement furth of thair estaits according to the meiite of 
the cans, since we conceave the executioun of that law to be the most 
powerfuU and conduceable meane for curbing of the insolent and 
reduceing of thame to the obedience of the law. And in regaird there is 
no person of auctoritie nor power within the shirefdome of Caithnes to 
be imployed for apprehending the Erie of Caithnes, who is ane excom- 
municat rebell, it wes thought expedient at the meeting that your 
Majestie sould be supplicated to grant ane commissioun to the Erie of 
Seafort for prosecuting the lawes aganis him, that others, by his exemple 
being terrified may be the more readilie reclamed to your Majesteis 
obedience. And forasmuche as it is feared that the childrein of the 
Lord Gordoun, who ar weill bred, being now under the commandement 
and in the hous of the Marqueis of Huntlie, thair grandfather, may in 
thair tender yeeres be corrupted in thair religioun by the travellis and 
insinuatioun of the Marqueis and others Popishlie aflfected resorting to 
that hous and frequenting thair company, we will eamestlie intreate 
your Majestie to give ordour to the Lord Gordoun that his sonnes may 
be placed in some one of the Colledges of St. Andrewes there to be 
educat as the Counsell sail direct. We have receaved ane roll of the 
names of these that ar suspect of Poperie, excommunicat or denunced 
rebellis for the same, and upon your Majesteis perusall of the Acts and 
ordours sett doun concerning thame, and significatioun of your royall FoL 147, b. 
pleasure thereanent, we sail be carefuU to cans prosecute the lawes 
aganis thame with that diligence and indifferencie whiche your Majesteis 
honnour, the good of the Churche and quyet of the estait in suche a 
caise doeth require. And so praying God to blesse your Majestie with 
ane long and happie raigne, we rest, &c. Halyrudhous 28 July 1629. 
Siibscribitur, St. Androwes, Mar, Monteith, Hadinton, Mairshell, Linlith- 
gow, Bishops of Dunkelden, Aberdein, Murrey, Pa. B. of Rosse, Dumblane, 
Ge. Oread., Melvill, Carnegie, Jedburgh, Tracquair, Hamiltoun, S' Thomas 
Hoip, S' George Elphinston, Scottistarvet. Followes another missive 
writtin to his Majesteis Secretarie : — Our verie honnourable good lord. At 
the lait meeting of the Counsell and clergie whiche wes keeped by his Majes- 
teis appointment upon the twenty thrid of this instant for ordour taking 



1629. CHARLES I. 251 

Acta July id29< with Papists and reclaming thame frome thair errours to his ^lajesteis 
im" obedience thair wes certane Acts concludit and sett doun whairof we have 

FiLH7,b. heerewith sent ane copie to your lordship to be showin to his Majestie 
at some fitt opportunitie ; and becaus the executioun of thame doeth 
macbe import his Majesteis service and the good of religioun and that it is 
lyke eneugh that the adversareis of the truthe, apprehending thair awin 
danger, will use thair best credit and endeavoures to divert his Majestie 
frome allowing of the same, we will intreate your lordship to communi- 
cat these Acts to suche counsellours and noblemen there as you know to be 
best afifected to the religioun and in the Counsellis name to intreate thair 
concurrence with yow to present the same to his Majestie and to soUicite 
the approbatioun and executioun thairof, whiche we doubt not his 
Majestie will graciouslie vouchesafe, notwithstanding anie instance that 
may be made in the contrair. Quhereanent expecting the signification 
of his Majesteis pleasure we committ your lordship to God. From Haly- 
rudhous the 28 day of July 1629. Subscribitiir ut s^ipra" 

[No record of Sederunt.] ^l'*^^^',^ 

*■ -■ 27th July 1629. 

** The whilk day in presence of' the Lords of Secreit Counsell com- Discharee by 
peirit personallie M' Robert Craig, advocat, as procurator for James MMte/of^^^' 
Murrey, Maister of Worke, and gave in the acquittance and discharge wmlam^ck 
underwrittin, desyring the same to be insert and registrat in the bookes burgess of 
of Privie Counsell that executioun may pas thereupon in forme as three barrels of 
effeirs. Quhilk desire the saids Lords finding to be reasonable they have anS^Tee-' 
ihairfoir ordained and be thir presents ordaines the said discharge to be score ^^Uets. 
Foi 148, a. insert and registrat in the bookes of Privie Counsell to the effect above 
and underwrittin, of the whilk discharge the tennour foUowes: — I, 
James Murrey, Maister of his Majesteis Workes, grants me be the 
tennour heirof to have receaved fra Williame Dick, merchant, burges of 
Edinburgh, three barrellis of poulder weyand with the trees twentie 
aucht stone weight, togidder with threescore buUetts callit shaiker shott, 
and that in satisfactioun of the lyke quantitie of poulder and nomber of 
bullets foresaids borrowed be the said Williame Dick fra me out of his 
Majesteis magazene within the Castell of Edinburgh ; and discharges the 
said Williame Dick and his airs of the same for ever, and binds and 
obleises me and my airs to warrand this my discharge to be good, 
valide and eflfectuall unto him at the hands of all persouns having place and 
interesse to querrell the same. And for the mair securitie I am content 
and consents that thir presents be insert and registrat in the bookes of 
Privie Counsell that executioun may pas thairupon in forme as effeirs, 
and for registrating heirof constituts M' Robert Craig, advocat, my 
procurator. In witnes whairof I have subscrj'ved thir presents with my 
band at Edinburgh the 23 day of July 1627 before these witneses, 



252 REGISTER OF THE COUNCIL. 1629. 

Walter Murrey, sone in law to the said James Murrey, and Francis Acta July 1629- 
Dick, servitour to the said Williame Dick. Svbscribitur, James Murray, leao. 
W. Murray, witnes, Fran. Dick, witnes." ^'^^ ^*^' •" 

^inburgh, Mr. Robert Craig, advocate, as procurator for the principal and cautioners, Fines, I614-81. 

Caution by " registers a bond by Patrick Murrey, indweller in the Cannogait, whereby ° ' ** 
M^rra^ he bccomes cautioner in 500 merks that David Spaldine of AshintuUie FoL 131, b. 

indweller in will not in future bear htigbuts or pistols, shoot wild fowl or venison, 
forDavfd^ ' uor dcstroy green wood or growing trees in any forest; with clauses of 
Ashintu^iri. relief and registration. The bond, which is written by John Miller, ser- 
vitor to Robert Kirkwod, writer, is dated at Edinburgh 27th July 1629, 
witnesses, William Oliphant, son to I^aurence Oliphant of Condie, John 
Pitcame, servitor to Thomas M^Awlay, writer, Robert Forrester and 
Thomas Forbes, servitors to Quintene Kennedie, writer. (Signed) D. 
Spaldine — ^Williame Oliphant, witnes, J. Pitcairne, witnes, R Forrester, 
witnes, Thomas Forbes, witnes. Patrik Murrey, the cautioner, cannot 
write and signs by the help of John Miller and Robert Kirkwod, 
notaries. 

Hoiyrood Sederunt — Treasurer ; St. Andrewes ; Monteith, Pneses ; Hadinton, Acta July 1629- 

Juiy 1629. Privy Seal ; Mairshell ; Linlithgow ; Bishop of Dunkeld ; Bishop i630.™ 

of Aberdein ; Bishop of Rosse ; Bishop of Murrey ; Bishop of ^^^' ^^» *• 
Dumblane ; Bishop of the lies ; Bishop of Argyle ; Bishop of 
Orkney ; Lord Melvill ; Lord Carnegie ; Lord Tracquare ; Lord 
Jedburgh ; Secretary ; Clerk Register ; Advocate ; Justice Clerk ; 
Sir John Scot. 

The conciu- " The whilk day the Commissiouns, Acts and Letters, whilks wer con- 
meeting anent cludit upou the twcntic fyft day of tliis instant with the missive letters 
wrib^.*"^ whilks wer ordained to be writtin to the King's Majestic and his 

Secretarie wer presented to the nobilitie, clergie and Counsell present, 

read in thair audience, allowed and subscryved be thame." 
CommiMions " The whilk day the nobilitie, Counsell and clergie, ordained com- 
pression of missiouns to be past and exped to the persons underwrittin according to FoL 148, b. 
^a^ ^^'^" the commission whilk wes past and exped upon the 25 day of this 
priests given instant a^'anis Jesuits, seminarie and messe preists and rebellious 

to certain ■»-»•• 

specified per- Papists, in ^11 points. — For the shirefdome of Edinburgh, to the Erie of \ 

dSS^rictsT"*^ Hadinton, Lord Privie Scale, the Erie of Lauderdaill, the Lords Dalkeith 
and others specified in the commissioun alreadie exped ; for the shiref- 
dome of Stirline, to the Erles of Mar, Monteith and Linlithgow, the 
Lairds of Keir, Powmais and Carnock, and the proveist and bailleis of 
Stirline ; for Fyflfe, to the Erie of Rothesse, the Lords Weymes, Burlie 
and Melvill, Sir George Areskine of Innerteill, Sir Alexander Gibsone of 
Durie, Sir James Learmonth of Balcolmie, Sir Thomas Hoip of Craighall, 
knight baronnet, Sir Johne Scot of Scottistarvet, to the Lairds of New- 
toun. Bogie younger, Dairsie, St. MonJ^n8 and Balcarrasse, and to the 



1629. CHAELES 1. 253 

Acta July 1629- provest and baiUeis of the burro wes within the said shiref dome ; for 

1630, Galloway, the Vicount of Airds and his eldest sone, the Lairds of Garth- 

FoL 148, b. land, Bambarrow and Sorbie, to Hew Gordoun of Grange and Archibald 

Dumbar of Baldone ; for the YIes, M^Claine of Dowart, the Lairds of 

M^^Kinnon, Coll and Lochbowy, the Tutour of Bute, and 

M'^Neill of Barra." 

" Anent the supplicatioun presented to the Lords of Secreit Counsell License to the 
be Dame Marion Boyd, Countesse of Abercorne, makand mentioun that Abercom U) 
where she being this long tyme bygane prisouner within the burgh of g^®^^^^^^ 
Edinburgh, whilk procured manie heavie diseases unto her so as this health on cer- 
whole last winter she wes almost tyed to her bed, and she finding ane condfSons.* 
day lie decay and weakenesse in her persoun whilk threattens the perrell 
of her lyfife, she thairupon tooke purpose humbelie to petitioun his 
Majestie that she might have his Majesteis gracious allowance and 
wan-and for her repaire to the^ Baynes in England about Birsto that 
there she might use the ordinarie meanes for recoverie of her health and 
strenth ; and his Majestie gratiouslie inclynning to her humble petitioun 
Foi 149, a, Yies by his letter dii^ected to the saids Lords signified his royall will and 
pleasure thereanent and his royall allowance of her addresse to the saids 
Baynes for the better recoverie of her health ; and seing now this is the 
most proper and seasonable tyme of yeere whan she may travell and if 
her journey be delayed ather to the midds of harvest whan the weather 
is verie unconstant and unseasonable or to the deid tyme of winter 
whan there will be no travelling for her, and this being lykewayes the 
seasoun of the yeere whairin the Bathe is ordinarilie takin, humbelie 
desiring thairfoir that according to his Majesteis warrand she may have 
ane licence past and exped to her in dew and competent forme for her 
addresse and repaire to the Baynes in maner foresaid, lykeas at mair 
lenth is conteanit in the said supplicatioun : Quhilk being read, heard 
and considderit be the saids Lords, and they ahua having heard and 
considderit his Majesteis missive letter directed unto thame in this 
earand, and having lykewayes scene and considderit the petitioun givin 
in unto thame be Sir Williame Cunninghame of Caprinton and M' 
Williame Cunninghame, his assigney to the band underwrittin, proporting 
that the lait Erie of Abercorne, father in law to the Siiid Sir Williame, 
having by his band subscryvit with his hand obleist him to delyver and 
make payment to Dame Elizabeth Hamiltoun, his daughter and spous to 
the said Sir Williame, of the sowme of twentie thowsand merkes and to 
fulfill all other conditiouns specified in the said band, and the same band 
being putt in the said Dame Marions hands to have been keeped to the 
behove of the said Dame Elizabeth, her daughter, that she hes deteanned 
the said band and haldin the petitioners in great turmoyle and trouble, 
constreaning thame to enter in processe and to recover decreit agains 
her for delyverie of the said band, and thairfoir humbelie desiring that 
no licence be granted to the said Dame Marion for her departing out of 



254 



ilEGISTEil OF THE COUNCIL. 



1629. 



Declaration 
anent the 
license above- 
mentioned. 



Nomination of 
commissioners 
for assisting 
the Bishop of 
the Isles at his 
Synod. 



Inventories of 
their estates to 
be returned by 
Papists with a 
view to their 



the kingdome whill she delyver the said band conforme to the decreit AcU July 1629- 

foresaid and charges used thairupon ; and the saids Lords, being weill i630. 

advised with the petitiouns foresaids and with his Majesteis missive ^^^ ^*^' *" 

letter abonewrittin, the Lords of Secreit Counsell ordains ane licence to 

be past and exped to the said Dame Marion Boyd for her departing 

and passing furth of this kingdome towards the Baynes foresaid with 

this speciall provisioun and conditioun that she act herselflfe to returne 

backe to this kingdome when ever she sail be lawfullie chargit to that Foi. 149, b. 

efifect, under the pane of forefaltour of her licence and of the allowance 

whilks sail be modified be the Counsell for her interteanement ; quhilk 

licence the saids Lords ordains to ly in the hands of the Clerk of 

Counsell till the said Dame Marion delyver to the said Sir Williame 

Cunninghame and his assigney foresaid the band abonewrittin conforme 

to the decreit recovered be thame thereanent and lykewayes till she act 

herselffe that so long as her occasioun sail make her remane within the 

kingdome of England that she sail not repaire to his Majesteis Court, 

and that at her returne to this kingdome she sail compeir before the 

saids Lords to be disposed of as they sail find caus. Followes his 

Majesteis missive for warrand of the Act abonewrittin^ : — The Lords of 

Secreit Counsell declaires that the licence grantit to the Countesse of 

Abercome for her departing furth of the kingdome for recoverie of herFoi. 150, a. 

health sail not exclude the Theasurar nor Advocat to persew her as 

accords of the law." 

" Forsameekle as Johne, Bishop of the lies, hes appointed ane Synode 
to be keeped at Icolmekill in the moneth of August now approacheing 
and to begin God willing upon the day of the said moneth, and 

whereas it is necessar that he be accompanied and assisted with some 
speciall persons of f reindship and credite in the lies by whois concur- 
rence and advice he may the better direct and dispatche suche things as 
sail occurre at that meeting ; thairfoir, the Lords of Secreit Counsell hes 
nominat and appointed and be the tennour heirof nominats and appoints 
M^Dowgall of Dunnoldycht, Lawmond of that 

Ilk, and Williame Stirline of Achyle, or anie ane of thame, to be com- 
missioners with the said Bishop at the Synod foresaid and to assist him 
in suche things as saU occurre at that meeting whairin thair advice and 
opinioun sail be necessar for him ; commanding heirby the persons fore- 
saids to accompanie the said Bishop to the said Synod and to concurre 
and joyne with him by thair best advice and opinioun in suche things 
as sail be there propounded and handled, as they will answere to his 
Majestic and his Counsell upon thair obedience." 

" Forsameekle as there hes beene diverse supplicatiouns givin in to 
the Lords of his Majesteis Privie Counsell by excommunicat persons 
who ar denunced rebellis for maters of religioun humbelie craving ane 



^ This is the same letter as is already engrossed in the Act of 9th July, and printed there ; 
a)Ue, p. 211. 



1629. CHAELES I. 255 

•^J^i®28- allowance to be modified unto thame furth of thair estaits for ihair recoivinfir a 
i*53o. interteanement abroad during thair banishment furth of his Majesteis aiiowIncTfor 

^oi, 1 ,a. dominiouns or remaining in waird within this kingdome ; and the saids ^^^^"^P|?^ 
Lords beine careful! to understand the trew worth of the saids persons imprisonment 

,. .,,.. ,. ni'Pi at home or i 

thair estaits and living to the intent that upon tryell thairof they may their «ojourn 
modifie unto thame ane proportionable allowance furth of the same ;****"*• 
Thairfoir the saids Lords, being assisted with ane nomber of the clergie, 
decemis and ordains the said excommunicat rebellis the tyme of the 
presenting of thair supplicatiouns, to give up thairwith ane inventar of 
thair goods and rentall of thair lands and to find ane responsall persoun 
to be answerable to the Counsell that the samine is just and trew ; with 
this dedaratioun and provisioun alwayes that if more sail be conteanit 
in the said inventar and rentall than will correspond to the worth of 
Foi 150, b. the saids rebellis thair estaits, in that caise the whole rent except that 
pairt thairof whiche sail be modified to the rebell sail perteane to his 
Majestic during all the dayes of the said rebell his lyfetyme ; and if anie 
pairt sail happin to be concealed and omitted furth of thair estaits 
the saids Lords declaires the pairt and portioun so concealed to be 
irrecoverablie lost and to apperteane to his Majestie, notwithstanding of . 
the saids rebellis thair obedience and conformitie in tyme comming ; 
without prejudice to his Majesteis Thesaurar, Depute Thesaurar, and 
Advocat, to persew the saids excommunicat rebellis for thair rents and 
livings as accords of the law, to the whilk this present ordinance sail 
make no derogatioun/' 

" Forsameekle as it is understand to the Lords of Secreit Counsell that {?^*^® .**\*i® 
upon the fyft day of December last WiUiame Gordoun of Rothemay, deen, Banff, '^ 
Johne Inneis of Crombie, Johne Young and Alexander Inneis, his servants, f^*t^°'^'^' 
and Robert Bruce of Inchecorse wer denunced rebellis and putt to the pi»cfSi not to 

* reset or supply 

home be vertew of criminall letters- raised at the instance of Robert Wiiiiam 
Crichtou of Couland, domestick servitour to James Crichton of Fen- iiothiemay, 
draucbt, for not finding of cautioun actit in the Bookes of Adjoumall for J^^^P^®^^^ 
thair compeirance before his Majesteis Justice to have underlyne the others who are 
lawes for bearing and wearing of hacquebutts and pistolets, hurting hom and are 
and wounding the said Robert thairwith in maner specified in the said ^^^ ^^^ 
letters ; lykeas upon the twentie twa day of May last bypast the saids 
Williame Gordoun of Rothemay, Robert Bruce of Inchecorse, Arthure 
Forbes there, Normand Abernethie in Nothroddie, and Andro Craig in 
Mayard wer denunced rebellis and putt to the home be vertew of letters 
raised at the instance of his Majesteis Advocat and of the said Laird of 
Fendraucht, partie greeved, for not compeirance before his Majesteis 
Counsell at ane certane day bygane to have answered to ane complaint 
made be his Majesteis said Advocat and Laird of Fendraucht upon thame 
tuicheing thair bearing and wearing of hacquebutts and pistolets and 
persute of the said Laird of Fendraucht in maner conteanit in the said 
complaint ; lykeas upon the last day of Februarie last bypast the said 



256 EEGISTER OF THE COUNCIL 1629. 

John Inneis of Crombie wes denunced rebell and putt to the home be Acta July 1«29- 
vertew of letters raised at the instance of Williame Inneis of Auchin- leso. 
dirrane and his spous for not compeirance personallie before his ^^^' ^^' ^* 
Majesteis Counsell at ane certane day bygane to have answered to the 
complaint made be thanie upon him tuicheing the persute and invasioun 
of the said Williams spous and hurting and wounding of her in maner 
specified in the said complaint ; and upon the said t wen tie twa day of 
May last the said Williame Gordoun of Eothemay, Kobert Bruce, Johne 
Logane, and Williame Abernethie, his servants, wer denunced rebellis 
and putt to the home be vertew of the letters raised at the instance of 
his Majesteis said advocat and the said Laird of Fendraucht and ofFoLi5i, a. 
Henrie Buchan and George Young, his servants, for not compeirance 
personallie before the saids lords of Privie Counsell at ane certane day 
bygane to have answered to ane complaint made upon thame tuicheing 
thair bearing and wearing of hacquebutts and pistolets and comming to 
the place of Fendraucht and sending in of cartalls and challenges to the 
said Laird of Fendraucht and for divers others insolenceis committed be 
thame at lenth specified and conteanit in the said complaint ; lykeas 
upon the said twentie twa day of May last bypast the saids Williame 
Gordoun of Eothemay, Thomas Gordoun at the Walkemylne of Eothe- 
may, and James Dufif' there, wer denunced rebellis and putt to the home 
be vertew of letters raised at the instance of his Majesteis said Advocat 
and the said Laird of Fendraucht for not compeirance personallie before 
his Majesteis Counsell at ane certane day bygane to have answered to 
ane complaint made upon thame tuicheing thair bearing of hacquebutts 
and pistolets, ryding throw the said Laird of Fendraucht his growing 
cornes and haynned grasse, making of provocatiouns and sending of 
cartalls and challenges to the said Laird of Fendraucht ; as the letters 
of horning respective foresaids, besides ane nomber of others homings 
used and execute aganis the said Williame Gordoun of Eothemay als weill 
for not payment of diverse great sowmes of money debtfuU to the said 
Laird of Fendraucht be him as for not finding of lawburrowes and others 
civill caussis specifeit in the said letters, and all execute, indorsat and 
registrat, showin to the Lords of Privie Counsell, beiris : And becaus 
they remained, as they doe yitt, at the saids processes of home unrelaxt, 
letters wer direct whairwith the saids Williame Gordoun of Eothemay 
and Johne Inneis of Crombie wer chargit be Williame Craig, Eose 
herauld, with displeyed coate of armes and with sound of trumpet to 
have randered and dely vered the towre and fortalice of Eothemay and the 
hous and castell of Crombie to the said herauld, as alsua to have entered 
thair persons in waird within the castell of Blacknesse within ane 
certane space after the charge, \mder the pane of treasoun; quhilks 
letters and charges givin be vertew thairof they have lykewayes most 
treasonablie dissobeyed and notwithstanding thairof haunts, frequents, 
and repaires publictly and avowedlie in all pairts of the countrie, haunting 



1629. CHARLES I. 257 

AiuJuiyi629. publict mcrcats and all others publict places and societeis of men as if 
1.5;^. ihey wer lawfuU subjects, and they ar strenthened and fostered in thair 

Foi. 151, a. rebellious courses be the recept and supplee quhilk they receave among 
thair freinds and acquaintance in the countrie by whome they ar als 
tenderlie ressett and respected as if no suche hornings wer used aganis 
thame, whairthrow the course of justice is most highlie vilified and con- 
temned, his Majesteis govemement disgraced, and exemple givin to others 
rebellious and evill affected subjects to continew in the lyke rebeUioun 
without remeid be provydit; thairfoir the Lords of Secreit Counsell 
Foi. 151, b. ordains letters to be direct to command, charge and inhibite all and 
sindrie his Majesteis lieges and subjects be opin proclamatioun at the 
mercat croces of Aberdein, Bamff, Elgine, Forresse, and all uthers places 
neidfull, that nane of thame presoome nor take upon hand to ressett, 
supplee nor intercommoun with the persouns rebellis foresaids, furmshe 
thame meate, drinke, hous nor harbourie, nor have intelligence with 
thame be word, writt nor message, during the tyme of thair rebellioun, 
under the panes conteanit in his Majesteis lawes and Acts of Parliament 
made aganis the ressetters and suppleers of rebellis, with certificatioun to 
thame that failyeis that the saids panes sail be execute upon thame 
without favour. FoUowes his Majesteis missive for warrand of the Act 
abonewrittin : — Chaeles R., Right trustie and right weilbelovit cousine Warrant from 
and counsellour, right trustie and weilbelovit cousines and counsellours, the above ^ ^^ 
and right trustie and weilbelovit counsellours, we greete yow weill. ®^*'^®- 
Whereas complaint hes beene made unto us by James Crichton of Fen- 
draucht that Williame Gordoun, elder, of Rothemay, Johne Gordoun, his 
sone, and Johne Inneis of Crombie, and thair complices, have in manifest 
contempt of our auctoritie remained ane long tyme in rebellioun and no 
ordour takin thairwith, we wonder that suche abuses sould be suffered 
within the countrie, at least having used your diligence, that yow have 
not exacted ane accompt of the ordinarie oflBciar or magistrat to whome 
that charge doeth belong. Our pleasure is that yow give ordour to the 
shireflf of the shyre where the saids persouns doe live, or to any other 
having charge frome us, or to anie uther whome yow sail thinke fitt to 
be imployed, for apprehending of thame and presenting of thame to 
justice, or otherwayes to cans seaze upon thair houses, lands and goods, 
according to the lawes and practick of that our kingdome. And as we ar 
confident that yow will use your best meanes according to the authoritie 
yow have frome us for seing our lawes putt in executioun in repressing 
this or anie other lyke abuse, so upon advertisement frome yow we will 
provide for anie suche forder remedie as yow sail require of us ; and so 
we bid yow fareweill. Frome our Court at Whitehall the 13 th of 
Marche 1629."^ 

"The Lords of Secreit Counsell allowes the comissioners nominat be the List of crimes 

Kings Majestic for balding of circuit courts to proceid to the tryell and the Justice- 
Courts. 

* This letter is also ongroaped in the Council's Reg^ter of Royal and other letters, foi. 166, a. 
VOL. IIL R 



258 REGISTEK OF THE COUNCIL. 1629. 

punishment of persons guiltie of suche capitall crymes and breache of ^f^*^^^^*^ 
penall statuts as the Lord Cheefe Justice of this kingdome sail select 1630. 
out of the instructions given be the Lords of Privy Counsell to the com- Foi. 152, a. 
missioners who held thair circuit courts the last yeere bygane, and as 
the said Lord Cheefe Justice sail thinke meit and expedient, unto whois 
discretioun in this point the saids Lords remitts the same with als great 
warrand and authoritie as he had the last yeere bygane." 

" And tuicheing persouns delated of making, printing and outputting 
of false coyne, wilful! resetters, suppleers and intercommouners with 
rebellis outher forefaulted for odious crymes or denunced for slaughters 
and makers and composers of false writts and such as ar accessorie 
thairto, that the commissioners proceid thairin according to the instruc- 
tiouns givin to thame'the last yeere bygane." 

" And tuicheing persouns suspect and delate of the crymes particularly 
underwrittin, viz., 

charmers and consulters with witches and sorcerers ; 

committers of incest in gradii tertio collaterali ; 

committers of adulterie, 

maryers of twa wyflfes, 

committers of dismemberation or mutilatioun ; 

hurters aud wounders of persouns upon auld feede and forethought 
fellonie, 

false officers of armes usurping the office without admissioun, or users 
thairof after deprivatioun, 

committers of pittie thift and pyckerie, 

bearers and wearers of hacquebutts and pistolets, 

cutters and destroyers of growing trees, plewes, mylnes, and cornes, 
without consent of the maisters and awners thairof, 

users of false weights, metts and measures, 

breakers of prisson houssis and wairds, being committed for debt 
allanerlie, 

deforcers of officiars of armes, 

slayers of salniound fishe and smolts in forbiddin tyme, 

Officiars using of extortioun in taking brybes f rome assysours or f rome 
parteis to make thame byde at home after citatioun, 

stealers of pyckes out of stankes or ponds, 

breakers of dowcats, orchards, or yairds, 

stealers of beeskaips, 

stealers of hawkes and hounds, peacokes, dukes, and coneis, 

makers and spreaders of infamous libells aganis anie of his Majesteis 
subjects allanerly, 

sayers and hearers of messe, ressettei-s of Jesuits, seminarie aud 
messe preists, and excommunicat rebellis." 

" The Lords of Secreit Counsell ordains the said commissioners of the 
circuit coui'ts to proceid to the tryell and punishment of the persouns 



}U 152, a. 



FoL 152, b. 



1629. CHAKLES I. 25d 

^^^^^^^^guiltie of the crymes abonewrittin or anie of thame by imposing of 
mK pecuniaJl sowmes and fynes upon thame allanerlie, and taking sufficient 

caution of the persouns convict of charming and consulting with witches 
and sorcerer